Case Note & Summary
The petitioners, owners of land in Nashik, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation on their land under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) had lapsed. They had issued a Purchase Notice under Section 127 of the MRTP Act to the Nasik Municipal Corporation (respondent no.1) on 16th October 2007, but the Corporation did not take any steps for acquisition within the statutory period of six months. The petitioners also sought a mandamus directing the respondents to de-reserve the land. The respondents, including the Corporation, the Collector, the Special Land Acquisition Officer, and the State of Maharashtra, did not effectively contest the claim. The Court, after hearing arguments, found that the Corporation had failed to act on the Purchase Notice, and therefore, the reservation stood lapsed. The Court allowed the petition, declaring that the reservation had lapsed and directing the respondents to de-reserve the land within a specified period.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional Town Planning Act, 1966 - Purchase Notice - The petitioners issued a Purchase Notice under Section 127 of the MRTP Act to the respondent Municipal Corporation, but the Corporation failed to take any steps for acquisition within six months. The Court held that the reservation lapsed and the petitioners are entitled to a declaration to that effect. (Paras 2-3)
Issue of Consideration
Whether the reservation of the petitioners' land lapsed under Section 127 of the Maharashtra Regional Town Planning Act, 1966, due to the failure of the respondent Municipal Corporation to take steps for acquisition within six months of receiving the Purchase Notice.
Final Decision
The Court allowed the writ petition, declaring that the reservation of the petitioners' land lapsed under Section 127 of the MRTP Act, and directed the respondents to de-reserve the land within a specified period.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- Purchase Notice
- Mandamus
- Article 226 of Constitution of India
Case Details
2022 LawText (BOM) (10) 47
WRIT PETITION NO. 6331 OF 2008 WITH INTERIM APPLICATION NO.10057 OF 2022 AND CIVIL APPLICATION NO.1893 OF 2011
R.D. Dhanuka, Kamal Khata
Mr. Pramod N. Joshi a/w Mr. Pratik Rahade for petitioner/applicant; Mr. R.S. Apte, Senior Advocate a/w Mr. Vaibhav P. Patankar, Suresh S. Deshpande for respondent no.1 Corporation; Mr. A.I. Patel, Addl. Govt. Pleader a/w A.A. Alaspurkar, AGP for State
Dr Ramrao Sopanrao Gondkar (since deceased through LRs), Sumanbai K Take (since deceased through LRs), Shri Namdeorao G Gadkh (since deceased through LRs)
Nasik Municipal Corporation, The Collector, Nasik, The Special Land Acquisition Officer, State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking declaration that reservation of land lapsed under Section 127 of MRTP Act.
Remedy Sought
Declaration that reservation lapsed and mandamus to de-reserve the land.
Filing Reason
Respondent Municipal Corporation failed to take steps for acquisition within six months of Purchase Notice.
Issues
Whether the reservation of the petitioners' land lapsed under Section 127 of MRTP Act due to failure of respondent to act on Purchase Notice within six months.
Submissions/Arguments
Petitioners argued that they issued Purchase Notice on 16th October 2007 and no steps were taken within six months.
Respondents did not effectively contest the claim.
Ratio Decidendi
Under Section 127 of the MRTP Act, if no steps for acquisition are taken within six months of a Purchase Notice, the reservation lapses and the land is deemed to be de-reserved.
Judgment Excerpts
The present petition is filed under Article 226 of the Constitution of India for a Writ of mandamus for a declaration that the reservation of the land belonging to the petitioner stood lapsed as no steps have been taken by the respondents within a period of 6 months from the date of Purchase Notice given to the respondent No. 1 under section 127 of the Maharashtra Regional Town Planning Act.
Procedural History
The petition was filed in 2008. Interim applications were filed later. The matter was reserved on 19th September 2022 and judgment pronounced on 18th October 2022.
Acts & Sections
- Maharashtra Regional Town Planning Act, 1966: 127
- Constitution of India: Article 226
