Case Note & Summary
The petitioner, Mr. Appasaheb Gurusiddhappa Lakshetti, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petitioner sought a declaration that the reservation of his land, admeasuring 2353 sq. mtrs., situated at New Survey No. 526/2A, village Kasabe Solapur, Tal. North Solapur, Dist. Solapur, under the Development Plan of Solapur for 1997-2007 for Garden purpose (reservation no. E.P. 87 (12/9) South part) had lapsed. The petitioner also prayed for a direction to the respondents to notify the lapsing of reservation in the Official Gazette under Section 127(2) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and for further direction to the Solapur Municipal Corporation to grant development permission. The Government of Maharashtra sanctioned the Development Plan for Solapur for 1997-2017 vide notification dated 28th October 2004, which came into effect from 15th December 2004. The Exclusion Plan (EP) for the petitioner's land came into force from 15th November 2008. The petitioner's land was reserved for Garden under the Development Plan. The petitioner issued a purchase notice dated 26th (year not specified) under Section 127 of the MRTP Act. The Planning Authority (Solapur Municipal Corporation) failed to acquire the land within the statutory period. The court held that the reservation has lapsed and the land is free from reservation. The court directed the respondents to notify the lapsing of reservation in the Official Gazette as required under Section 127(2) of the MRTP Act and further directed the Municipal Corporation to grant necessary development permission to the petitioner.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioner's land was reserved for Garden in the Development Plan of Solapur. The petitioner issued a purchase notice under Section 127 of the MRTP Act. The Planning Authority failed to acquire the land within the statutory period. Held that the reservation has lapsed and the land is free from reservation. (Paras 1-4) B) Town Planning - Declaration of Lapsing - Section 127(2) of MRTP Act - The court directed the respondents to notify the lapsing of reservation in the Official Gazette as required under Section 127(2) of the MRTP Act. Held that the petitioner is entitled to a declaration that the reservation has lapsed. (Paras 2-4)
Issue of Consideration
Whether the reservation of the petitioner's land under the Development Plan of Solapur for Garden purpose has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to non-completion of acquisition within the statutory period.
Final Decision
The court allowed the petition. It declared that the reservation of the petitioner's land under the Development Plan of Solapur for Garden purpose has lapsed. The court directed the respondents to notify the lapsing of reservation in the Official Gazette as required under Section 127(2) of the MRTP Act. Further, the court directed the Solapur Municipal Corporation to grant necessary development permission to the petitioner for development as otherwise permissible in the case of adjacent land under the Plan.
Law Points
- Reservation of land under Development Plan lapses if acquisition not completed within statutory period
- Section 127 of MRTP Act
- 1966
- Purchase notice under Section 127
- Planning Authority's failure to acquire
- Declaration of lapsing of reservation
- Direction to notify in Official Gazette
