Case Note & Summary
The petitioner, Shri Rafiq Ahmed Saeed Qureshi, through his power of attorney, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. The petitioner owned land admeasuring 5800 sq. mtrs. bearing Survey No.109/2B at Malegaon, District Nashik. The land was reserved for a primary school and play ground in the Development Plan. The petitioner contended that despite the reservation, no acquisition proceedings were initiated or completed within the statutory period, and therefore the reservation had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). Additionally, an area of 1800 sq. mtrs. of the petitioner's land was already utilized by the Malegaon Municipal Corporation for a D.P. Road without payment of compensation. The petitioner sought a declaration that the reservation had lapsed, quashing of a letter dated 27th January 2015 issued by the respondent, and direction for payment of compensation for the acquired land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). The court examined the facts and found that the respondent had not taken any steps for acquisition within the prescribed period, and the letter of 2015 was issued after the lapse of the reservation. The court held that the reservation had lapsed and the land stood released from reservation. Regarding the 1800 sq. mtrs. already used for the road, the court directed the respondent to pay compensation under the Act of 2013 with interest from the date of possession. The court also allowed the interim applications for protection of the land and for finalization of compensation. The writ petition was allowed with costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - The petitioner sought declaration that reservation of his land for primary school and play ground had lapsed as no acquisition proceedings were completed within the statutory period. The court held that the reservation had lapsed and the land stood released from reservation. (Paras 1-17) B) Land Acquisition - Compensation - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioner also sought compensation for 1800 sq.mtrs. of land already utilized for D.P. Road. The court directed the respondent to pay compensation under the Act of 2013 with interest from the date of possession. (Paras 18-25) C) Limitation - Acquisition Proceedings - The court held that the letter dated 27th January 2015 issued by the respondent was barred by limitation as no steps for acquisition were taken within the prescribed period. (Paras 10-15)
Issue of Consideration
Whether the reservation of the petitioner's land for a primary school and play ground has lapsed under Section 127 of the MRTP Act, 1966, and whether the petitioner is entitled to compensation for the land already acquired for a D.P. Road under the Act of 2013.
Final Decision
The court allowed the writ petition, declaring that the reservation of the petitioner's land had lapsed and the land stood released from reservation. The letter dated 27th January 2015 was quashed. The respondent was directed to pay compensation for the 1800 sq.mtrs. of land already utilized for D.P. Road under the Act of 2013 with interest from the date of possession. The interim applications were also allowed.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Compensation under Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Limitation for acquisition proceedings
- Interest on delayed compensation
