Case Note & Summary
The petitioner, Jawahar Hiralal Mehta, through his power of attorney holder, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petitioner owned land admeasuring 1543 sq.mtrs. at Survey No. 27/3 (part), Nehrunagar, Bijapur Road, Solapur. The Government of Maharashtra sanctioned the Development Plan for Solapur for the period 1997-2017 vide notification dated 28 October 2004, which came into effect from 15 December 2004. Under this plan, the petitioner's land was reserved for Elevated Service Reservoir (ESR) purposes under reservation no. 16/6. The petitioner sought a declaration that the reservation had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), and directions to the respondents to notify the lapsing in the Official Gazette and grant development permission. The respondents, including the State of Maharashtra and the Solapur Municipal Corporation (the Planning Authority), opposed the petition, arguing that the reservation was still valid. The court examined the provisions of Section 127 of the MRTP Act, which states that if land reserved for a public purpose is not acquired within ten years from the date of the plan coming into force, the reservation lapses and the land reverts to the owner. The court noted that the Development Plan came into effect on 15 December 2004, and the ten-year period expired on 14 December 2014. The respondents failed to initiate any acquisition proceedings or take any steps to acquire the land within this period. The court held that the reservation had lapsed and directed the Solapur Municipal Corporation to notify the lapsing in the Official Gazette within four weeks and to grant development permission to the petitioner for development as permissible for adjacent land under the plan. The petition was allowed with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 MRTP Act - Land reserved for public purpose in Development Plan - If not acquired within ten years from the date of plan coming into force, reservation lapses and land reverts to owner - Held that the reservation of petitioner's land for ESR purpose lapsed as no acquisition proceedings were initiated within ten years from 15-12-2004 (Paras 4-6).
B) Town Planning - Consequential Directions - Section 127(2) MRTP Act - Upon lapsing of reservation, Planning Authority must notify the lapsing in Official Gazette and owner is entitled to development permission - Held that respondent No.2 is directed to notify lapsing and grant development permission as per adjacent land use (Paras 6-7).
Issue of Consideration
Whether the reservation of the petitioner's land under the Development Plan for Solapur 1997-2017 for Elevated Service Reservoir (ESR) purposes has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and whether the petitioner is entitled to a declaration and consequential directions.
Final Decision
The petition is allowed. The reservation of the petitioner's land under the Development Plan for Solapur 1997-2017 for Elevated Service Reservoir (ESR) purposes is declared to have lapsed. Respondent No.2 is directed to notify the lapsing of reservation in the Official Gazette within four weeks and to grant development permission to the petitioner for development as permissible for adjacent land under the plan. No order as to costs.
Law Points
- Reservation lapses if land not acquired within ten years
- Section 127 MRTP Act
- Planning Authority must notify lapsing in Official Gazette
- Owner entitled to development permission after lapsing
Case Details
2022 LawText (BOM) (02) 93
WRIT PETITION NO. 3024 OF 2021
Mr. Ramdas P. Sabban, Advocate a/with Shrikanth Kompelli & Arundhati Sabban for the Petitioner. Mrs. A. A. Purav, AGP for the State-Respondent No.1. Mr. Anand Kulkarni, Advocate for Respondent No.2.
Jawahar Hiralal Mehta through his Regd. Power of Attorney Holder / Development Agreement dt. 25.08.1997 holder Mr. Majid A. Kadar Shaikh
1. The State of Maharashtra through the Principal Secretary, Urban Development Department, Government of Maharashtra, Mantralaya, Mumbai – 400032. 2. The Solapur Municipal Corporation, Indrabhuvan, Solapur-413 001, through its Municipal Commissioner
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking declaration that reservation of land under Development Plan has lapsed and for consequential directions.
Remedy Sought
Declaration that reservation of petitioner's land for Elevated Service Reservoir (ESR) purposes has lapsed; direction to respondents to notify lapsing in Official Gazette under Section 127(2) of MRTP Act; direction to grant development permission to petitioner.
Filing Reason
Petitioner's land was reserved for ESR purpose in the Development Plan for Solapur 1997-2017, but the Planning Authority did not acquire the land within ten years from the date the plan came into force, causing the reservation to lapse under Section 127 of MRTP Act.
Issues
Whether the reservation of the petitioner's land under the Development Plan for Solapur 1997-2017 for Elevated Service Reservoir (ESR) purposes has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Whether the petitioner is entitled to a declaration of lapsing and consequential directions for notification and development permission.
Submissions/Arguments
Petitioner argued that the land was reserved for ESR purpose in the Development Plan which came into effect on 15-12-2004, and no acquisition proceedings were initiated within ten years, hence the reservation lapsed under Section 127 of MRTP Act.
Respondents opposed the petition, but the court found that no acquisition or steps were taken within the statutory period.
Ratio Decidendi
Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if land reserved for a public purpose in a Development Plan is not acquired within ten years from the date of the plan coming into force, the reservation lapses and the land reverts to the owner. The Planning Authority must notify the lapsing in the Official Gazette and the owner is entitled to development permission.
Judgment Excerpts
Under the above Development Plan, the said land of the Petitioner was reserved for Elevated Service Reservoir (ESR) purpose.
The Development Plan came into effect from 15th December, 2004. The ten years period from the date of coming into force of the Development Plan expired on 14th December, 2014.
The Respondents have not initiated any acquisition proceedings or taken any steps to acquire the said land within the period of ten years from the date of coming into force of the Development Plan.
Therefore, the reservation of the said land of the Petitioner for the purpose of Elevated Service Reservoir (ESR) has lapsed.
Procedural History
The petitioner filed Writ Petition No. 3024 of 2021 before the Bombay High Court under Article 226 of the Constitution of India. The petition was heard on 24 February 2022 through video conferencing. Rule was issued and the petition was taken up for final disposal by consent of parties.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127, 127(2)
- Constitution of India: 226
