Case Note & Summary
The petitioners, owners of land bearing Survey No. 362/2B1 at Chalisgaon, challenged the continued reservation of a portion of their land for a 'play-ground' under the development plan sanctioned in 1989. Despite the lapse of over two decades, no acquisition proceedings were initiated by the respondents. On 19 July 2013, the petitioners served a notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) upon the Chief Officer, Municipal Council, Chalisgaon, calling for initiation of acquisition under Section 126 of the MRTP Act read with Section 6 of the Land Acquisition Act, 1894. Since no action was taken, the petitioners filed a writ petition seeking a declaration that the reservation has lapsed and for de-reservation. The court considered the provisions of Section 127 of the MRTP Act, which allows a landowner to serve notice on the planning authority requiring acquisition; if no proceedings are initiated within a specified period, the reservation is deemed to have lapsed. The court held that the respondents' failure to initiate acquisition for over two decades after the notice entitled the petitioners to a declaration that the reservation has lapsed. The court directed the respondents to take steps for de-reservation of the land within a reasonable time, allowing the petition.
Headnote
A) Town Planning - De-reservation - Section 127 MRTP Act, 1966 - Lapse of Reservation - Petitioners' land was reserved for a playground in the 1989 development plan; no acquisition proceedings were initiated for over two decades despite notice under Section 127 - Held that the reservation is deemed to have lapsed and the land is free from reservation, directing the planning authority to take steps for de-reservation (Paras 1-8).
Issue of Consideration
Whether the petitioners are entitled to a declaration that the reservation on their land has lapsed and for de-reservation under Section 127 of the MRTP Act, 1966, due to non-initiation of acquisition proceedings within a reasonable time.
Final Decision
The court allowed the writ petition, declaring that the reservation on the petitioners' land has lapsed and directing the respondents to take steps for de-reservation within a reasonable time.
Law Points
- Section 127 of MRTP Act
- 1966
- De-reservation
- Lapse of reservation
- Non-acquisition
- Right to use property
Case Details
2022 LawText (BOM) (11) 39
WRIT PETITION NO. 7584 OF 2021
Dipankar Datta, CJ., Smt. Vibha Kankanwadi, J.
Mr. Dhananjay Mane holding for Mr. D.M. Pingale for petitioner; Mr. S. B. Yawalkar, Additional G. P. for respondents no.1 to 3; Mr. R. S. Shinde holding for Mr. D. B. Thoke for respondent no.4
Padama W/o Shivchandra Mundada, Subodh S/o Shivchandra Mundada, Girish S/o Shivchandra Mundada
The State of Maharashtra, The Director of Town Planning, The Deputy Director of Town Planning, The Chief Officer, Municipal Council, Chalisgaon
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Nature of Litigation
Writ petition seeking declaration that reservation on land has lapsed and for de-reservation under MRTP Act.
Remedy Sought
Petitioners sought a declaration that the reservation on their land for a playground has lapsed and direction to respondents to de-reserve the land.
Filing Reason
Respondents failed to initiate acquisition proceedings despite notice under Section 127 of MRTP Act served on 19 July 2013.
Issues
Whether the reservation on the petitioners' land has lapsed under Section 127 of the MRTP Act due to non-acquisition.
Whether the petitioners are entitled to de-reservation of the land.
Submissions/Arguments
Petitioners argued that despite notice under Section 127, no acquisition proceedings were initiated, hence reservation lapsed.
Respondents did not contest the petition; no counter filed.
Ratio Decidendi
Under Section 127 of the MRTP Act, if a landowner serves notice on the planning authority to acquire the land and no acquisition proceedings are initiated within a reasonable time, the reservation is deemed to have lapsed, and the land becomes free from reservation.
Judgment Excerpts
Despite lapse of two decades after sanction of the said development plan, no proceedings were initiated by the respondents to acquire the part of Survey No. 362/2B1 which was reserved for a 'play-ground'.
Since no action was initiated by the respondent no.4 despite due receipt of the aforesaid notice on 19th July, 2013, the petitioners instituted a writ petition.
Procedural History
Petitioners served notice under Section 127 of MRTP Act on 19 July 2013; no action taken; filed writ petition in 2021; judgment pronounced on 18 November 2022.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 126, Section 127
- Land Acquisition Act, 1894: Section 6
