Case Note & Summary
The petitioner, Saurabh R. Shah, owned land at Survey No.198, Hissa No.3/2, village Sandor, Vasai, Palghar, which was reserved for water bodies/20 meter water channel and 20 & 30 meters D.P. Road in the development plan for Vasai Virar sanctioned on 9th February 2007. The petitioner purchased the land by a deed of conveyance dated 6th September 2014. The respondents (Urban Development Department, Vasai Virar Municipal Corporation, and Town Planning Department) did not take any steps under Sections 126 and 127 of the Maharashtra Regional & Town Planning Act, 1966 for acquisition of the land. The petitioner filed a writ petition under Article 226 of the Constitution seeking a declaration that the reservation had lapsed and the land be released. The court, after hearing counsel, held that since no acquisition proceedings were initiated within ten years from the date of the development plan, the reservation lapsed under Section 127 of the MRTP Act. The court directed that the reservation be deemed to have lapsed and the land be released from reservation.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 MRTP Act, 1966 - Non-Acquisition - The petitioner sought declaration that reservation on his land for water bodies and road had lapsed as no acquisition proceedings were initiated within ten years from the date of sanction of development plan. The court held that since no steps were taken under Sections 126 and 127 for acquisition, the reservation lapsed and the land is deemed to be released. (Paras 1-20)
Issue of Consideration
Whether the reservation on the petitioner's land has lapsed under Section 127 of the MRTP Act due to non-acquisition within the prescribed period.
Final Decision
The court allowed the petition, declaring that the reservation on the land has lapsed and the land is deemed to be released from reservation under Section 127 of the MRTP Act.
Law Points
- Section 127 of MRTP Act
- 1966
- lapsing of reservation
- non-acquisition within ten years
- release of land from reservation
Case Details
2022 LawText (BOM) (03) 49
WRIT PETITION NO.2574 OF 2021
Mr. S.M.Gorwadkar, Sr.Counsel i/b Mr.Sainand V. Chaugule for the Petitioner, Mrs.Swati Sagvekar for the Respondents No. 2 and 3, Mr.Y.D.Patil, AGP for the Respondent State
The Urban Development and Town Planning Department, Vasai Virar Municipal Corporation, Town Planning Department
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Nature of Litigation
Writ petition under Article 226 seeking declaration that reservation on land has lapsed under Section 127 of MRTP Act.
Remedy Sought
Declaration that reservation on the land has lapsed and direction to release the land from reservation.
Filing Reason
Respondents failed to take steps for acquisition of the land within ten years from the date of sanction of development plan.
Issues
Whether the reservation on the petitioner's land has lapsed under Section 127 of the MRTP Act due to non-acquisition within ten years from the date of sanction of development plan.
Submissions/Arguments
Petitioner argued that no steps were taken under Sections 126 and 127 for acquisition within ten years from 9th February 2007, hence reservation lapsed.
Ratio Decidendi
Under Section 127 of the MRTP Act, if land reserved for a public purpose is not acquired within ten years from the date of the development plan, the reservation lapses and the land is deemed to be released.
Judgment Excerpts
By this Petition filed under Article 226 of the Constitution of India, Petitioners are seeking a declaration from this Court that the reservation made on the land owned by the Petitioner on Survey No.198, Hissa No.3/2, situate at village – Sandor, Bhabola Road, Taluka : Vasai, District : Palghar (the “said land”) within the limits of Vasai Virar Sub-Region, reserved for water bodies/20 meter water channel and 20 & 30 meters D.P.Road has lapsed and therefore, the said land be released from the reservation in accordance with the provisions under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (the “MRTP Act”).
Procedural History
The development plan for Vasai Virar was sanctioned on 9th February 2007. The petitioner purchased the land on 6th September 2014. No acquisition steps were taken. The petitioner filed the writ petition on an unspecified date. The court reserved judgment on 2nd March 2022 and pronounced on 9th March 2022.
Acts & Sections
- Maharashtra Regional & Town Planning Act, 1966: 126, 127
- Constitution of India: 226
