Case Note & Summary
The petitioner, Sunil Mallikarjun Patil, is the owner of land bearing survey no. 40/1/B, out of which 0.52 hectares from survey no. 40 (Part), Shelgi, is reserved as Reservation site No. 12/33 'Mela Ground' under the Development Plan of Solapur Municipal Corporation. The Development Plan was finally sanctioned on 28th October, 2004. The respondent no.4 Corporation is the appropriate authority for acquisition and development of the reserved site. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) due to non-acquisition within ten years. The petitioner also sought quashing of letters dated 23rd February, 2018, 30th July, 2020, and 9th September, 2020 which rejected the claim of lapsing. The court considered the provisions of Section 127 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within ten years from the date of the final Development Plan, the reservation shall be deemed to have lapsed. The court noted that the Development Plan was sanctioned on 28th October, 2004, and the ten-year period expired on 28th October, 2014. The respondents failed to acquire the land within that period. The court held that the reservation has lapsed and the land is deemed to be released from reservation. The court allowed the petition, quashed the impugned letters, and declared that the reservation in respect of the petitioner's property has lapsed under Section 127 of the MRTP Act.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Non-Acquisition Within Ten Years - The petitioner's land was reserved as 'Mela Ground' in the Development Plan sanctioned on 28th October, 2004. The appropriate authority failed to acquire the land within ten years from the date of the final Development Plan. The court held that the reservation has lapsed under Section 127 of the MRTP Act, and the land is deemed to be released from reservation. (Paras 2-14)
B) Constitutional Law - Writ of Certiorari - Article 226 of Constitution of India - Quashing of Letters - The petitioner sought quashing of letters dated 23rd February, 2018, 30th July, 2020, and 9th September, 2020 which denied the lapsing of reservation. The court allowed the petition and quashed the said letters. (Paras 2, 14)
Issue of Consideration
Whether the reservation in respect of the petitioner's property has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 due to non-acquisition within the prescribed period.
Final Decision
The court allowed the petition, declared that the reservation in respect of the petitioner's property (Reservation No. 12/33 Mela Ground) has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and quashed the letters dated 23rd February, 2018, 30th July, 2020, and 9th September, 2020.
Law Points
- Section 127 of Maharashtra Regional and Town Planning Act
- 1966
- lapsing of reservation
- non-acquisition within ten years
- deemed lapsing
- development plan
- reservation for public purpose
Case Details
2022 LawText (BOM) (09) 55
WRIT PETITION NO. 7956 OF 2021
R. D. Dhanuka, Kamal Khata
Mr. A.V.Anturkar, Senior Advocate, a/w. Mr.Shubham H. Misar for the Petitioner, Mrs.Ashwini A.Purav, A.G.P. for the State – Respondent no. 1, Mr.Abhay Patki for the Respondent no.4
State of Maharashtra, The Director of Town Planning Pune Region, Pune, The Joint Director of Town Planning Pune Region, Pune, Solapur Municipal Corporation
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking declaration of lapsing of reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Remedy Sought
Declaration that reservation in respect of the petitioner's property has lapsed under Section 127 of the MRTP Act and quashing of letters dated 23rd February, 2018, 30th July, 2020, and 9th September, 2020.
Filing Reason
The petitioner's land was reserved as 'Mela Ground' in the Development Plan sanctioned on 28th October, 2004, but the appropriate authority failed to acquire the land within ten years, leading to deemed lapsing of reservation.
Issues
Whether the reservation in respect of the petitioner's property has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 due to non-acquisition within ten years from the date of the final Development Plan.
Submissions/Arguments
The petitioner argued that the reservation has lapsed under Section 127 of the MRTP Act as the land was not acquired within ten years from the date of the final Development Plan (28th October, 2004).
The respondents opposed the petition, but the court found no merit in their submissions as the acquisition was not completed 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 final Development Plan is not acquired within ten years from the date of the plan, the reservation shall be deemed to have lapsed and the land shall be deemed to be released from reservation. In this case, the Development Plan was sanctioned on 28th October, 2004, and the ten-year period expired on 28th October, 2014. Since the respondents failed to acquire the land within that period, the reservation has lapsed.
Judgment Excerpts
By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the reservation in respect of the property viz. Reservation No. 12/33 (Mela Ground) of the petitioner has lapsed under the provisions of section 127 of the Maharashtra Regional And Town Planning Act, 1966.
The Development Plan of Solapur Municipal Corporation was finally sanctioned on 28th October, 2004 showing the said reservation of the said portion of the said land as Mela Ground.
Procedural History
The petitioner filed Writ Petition No. 7956 of 2021 before the High Court of Judicature at Bombay under Article 226 of the Constitution of India. The petition was reserved on 14th September, 2022 and pronounced on 29th September, 2022.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127
- Constitution of India: 226
- Code of Civil Procedure, 1908: Order XXVII, Rule 4
