Case Note & Summary
The petitioner, M/s. Sanghvi Erectors Private Limited, owned land admeasuring 3032 sq.mtrs. in Pune, which was reserved for 'municipal purpose' under reservation no. MP 17 in the sanctioned Development Plan of Pune City under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). On 11 July 2017, the petitioner issued a purchase notice under Section 49(7) of the MRTP Act to the State Government to purchase the land, also requesting a personal hearing. On 17 January 2018, the State Government confirmed the purchase, but no further steps were taken to acquire the land within the statutory period of 12 months from the date of the notice. The petitioner then filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation had lapsed and a writ of mandamus directing the State Government to issue a declaration under Section 127(2) of the MRTP Act in the Government Gazette. The court considered the provisions of Section 49(7) and Section 127 of the MRTP Act. The court held that since the State Government failed to take steps to acquire the land within 12 months of the purchase notice, the reservation lapsed. The court allowed the petition, declaring that the reservation on the land had lapsed and directing the State Government to issue a declaration under Section 127(2) within 12 weeks. The court also directed that upon such declaration, the land would be available to the petitioner for development as per the permissible use in the Development Plan.
Headnote
A) Town Planning - Lapsing of Reservation - Section 49(7) and Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioner issued a purchase notice under Section 49(7) on 11 July 2017 for land reserved for municipal purpose. The State Government confirmed purchase on 17 January 2018 but failed to take further steps within 12 months. The court held that the reservation lapsed and directed the State Government to issue a declaration under Section 127(2) within 12 weeks. (Paras 2-8) B) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - The court issued a writ of mandamus directing the State Government to issue a declaration in the Government Gazette that the reservation has lapsed, as the statutory period under Section 49(7) had expired without acquisition. (Paras 2-8)
Issue of Consideration
Whether the reservation on the petitioner's land has lapsed due to the failure of the State Government to respond to the purchase notice within the statutory period under Section 49(7) of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the petition, declaring that the reservation on the petitioner's land has lapsed. The court directed the State Government to issue a declaration under Section 127(2) of the MRTP Act in the Government Gazette within 12 weeks from the date of the order. Upon such declaration, the land shall be available to the petitioner for development as per the permissible use in the Development Plan.
Law Points
- Reservation lapses if purchase notice not responded within 12 months
- Section 49(7) MRTP Act
- Section 127 MRTP Act
- Declaration of lapsing reservation
- Writ of mandamus
