Case Note & Summary
The petitioner, Nandkishor s/o Babulal Agrawal, is the owner of land Survey No. 505/04 admeasuring 1.07 H.R situated at Dhule. Out of this land, 67 R was reserved for transport and truck terminus under the second revised development plan of the Dhule Municipal Corporation, published on 09.09.2005 under Section 26(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The petitioner applied for sanction of a layout on 24.03.2006, which was sanctioned subject to corrections. On 18.07.2017, the petitioner served a purchase notice under Section 127 of the MRTP Act on the respondents, requiring them to acquire the land. Since the respondents failed to initiate acquisition proceedings within twelve months, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of the reservation. The respondents contended that the reservation was valid and that the petitioner had not challenged the development plan earlier. The court analyzed Section 127 of the MRTP Act, which provides that if land reserved in a development plan is not acquired within ten years from the date of publication of the plan, the owner may serve a purchase notice, and if no agreement or award is made within twelve months, the reservation lapses. The court found that the development plan was published on 09.09.2005, and the petitioner served the purchase notice on 18.07.2017, which was within the ten-year period. The respondents failed to take any steps within twelve months. Therefore, the reservation deemed to have lapsed. The court allowed the petition, quashed the reservation, and directed the respondents to release the land from reservation and not to interfere with the petitioner's use of the land.
Headnote
A) Town Planning - Reservation Lapse - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Deemed Lapse of Reservation - The petitioner's land was reserved for transport and truck terminus in the second revised development plan published on 09.09.2005. The respondents failed to initiate acquisition proceedings within ten years. The petitioner served a purchase notice under Section 127 on 18.07.2017. Since no steps were taken within twelve months, the reservation deemed to have lapsed. Held that the reservation lapsed and the land is deemed to be released from reservation. (Paras 1-14) B) Town Planning - Purchase Notice - Section 127 of MRTP Act - Owner's Right to Serve Notice - The owner of land reserved in a development plan is entitled to serve a purchase notice on the acquiring authority requiring them to acquire the land. If no agreement or award is made within twelve months, the reservation lapses. The court held that the petitioner validly served such notice and the respondents failed to act. (Paras 8-12) C) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Quashing of Reservation - The High Court under Article 226 can quash a reservation that has lapsed by operation of law. The court directed the respondents to release the land from reservation and not to interfere with the petitioner's use of the land. (Paras 13-14)
Issue of Consideration
Whether the reservation of the petitioner's land for transport and truck terminus under the second revised development plan has lapsed due to non-initiation of acquisition proceedings within the statutory period under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the petition. The reservation on the petitioner's land admeasuring 67 R in Survey No. 505/04 at Dhule, made under Entry No. 178 of the second revised development plan, was quashed and set aside. The respondents were directed to release the land from reservation and not to interfere with the petitioner's use of the land.
Law Points
- Reservation lapses if acquisition not initiated within ten years from date of publication of development plan
- Section 127 of MRTP Act provides for deemed lapse of reservation
- Owner entitled to serve purchase notice under Section 127
- Statutory time limit is mandatory
