Case Note & Summary
The petitioners, owners of land in Akola, challenged the inclusion of their land in the final development plan despite the reservation having lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. Their land was reserved for a playground in the development plan that came into force on 01.04.1977. Since no acquisition steps were taken, they issued a notice under Section 127 on 06.05.1991, received by the planning authority on 07.05.1991. No acquisition proceedings were initiated within six months, and the standing committee passed a resolution on 07.12.1991 cancelling the reservation. However, the final development plan published later still showed the reservation. The petitioners sought a declaration that the reservation had lapsed and that the land was free from all reservations. The court framed the issue of whether a lapsed reservation could be revived by the final development plan. The petitioners argued that Section 127 creates a deeming fiction of lapse which is irreversible, while the respondents contended that the final development plan could include the reservation. The court analyzed Section 127 and held that once the statutory period expires without acquisition, the reservation lapses by operation of law and cannot be revived. The deeming fiction is complete and irreversible. The court also noted that allowing revival would violate Article 300A of the Constitution by depriving the landowner of property without authority of law. The court allowed the petition, declaring that the reservation had lapsed and the land was free from all reservations, and directed the respondents to not enforce any reservation on the land.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Deeming Fiction - The court considered whether a reservation that had lapsed under Section 127 due to non-acquisition could be revived by inclusion in the final development plan. Held that once the reservation lapses by operation of law, it cannot be revived by any subsequent action including publication of the final development plan. The deeming fiction under Section 127 is irreversible. (Paras 2, 6-8) B) Constitutional Law - Right to Property - Article 300A of Constitution of India - Deprivation of Property - The court held that allowing revival of a lapsed reservation would deprive the landowner of his property without authority of law, violating Article 300A. The State cannot continue to restrict the landowner's use of property after the reservation has lapsed. (Para 8) C) Town Planning - Final Development Plan - Effect on Lapsed Reservation - The court clarified that the final development plan cannot override the statutory lapse under Section 127. The reservation ceases to exist once it lapses, and the land becomes free from all reservations. (Paras 6-8)
Issue of Consideration
Whether a reservation pursuant to a Draft Development Plan as published having deemed to have lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 could be revived while publishing the Final Development Plan despite the deeming fiction as contemplated by Section 127 of the Act of 1966.
Final Decision
The court allowed the writ petition, declaring that the reservation on the petitioners' land had lapsed by operation of Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and the land was free from all reservations. The respondents were directed to not enforce any reservation on the land.
Law Points
- Reservation lapses under Section 127 of MRTP Act if no acquisition proceedings initiated within six months of notice
- deeming fiction cannot be revived by subsequent final development plan
- Section 127 creates a statutory right in favour of landowner
