Case Note & Summary
The petitioners, Manoj Murlimanohar Khandelwal and Manish Murlimanohar Khandelwal, are owners of 0.20 H.R. of land in Survey No.106/2 of Village Daryapur, District Amravati. The Revised Development Plan of Daryapur City came into force on 29.04.2013, reserving part of the land for Primary School and Play ground (Reservation No.16) and part for Hospital and Maternity Home (Reservation No.17). The petitioners' land was affected by these reservations. On 07.04.2014, the Chief Officer of the Municipal Council, Daryapur, refused development permission for the said land on the ground that it was affected by the reservations. The petitioners contended that due to the reservations, the land became incapable of being reasonably used in its existing state. Consequently, they were compelled to issue a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The respondents, including the State of Maharashtra, the Director of Town Planning, and the Municipal Council, failed to acquire the land within the statutory period of ten years from the date of the development plan. The petitioners approached the High Court seeking a direction to de-reserve the land or to acquire it. The court, after hearing the parties, held that since the land remained unacquired and the petitioners had served a valid purchase notice, they were entitled to de-reservation. The court directed the respondents to consider the purchase notice and take appropriate action in accordance with law, including de-reserving the land if acquisition is not feasible.
Headnote
A) Town Planning - Purchase Notice - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - Land reserved for Primary School and Play ground and Hospital and Maternity Home - Petitioners' land became incapable of reasonable use due to reservation - Planning authority failed to acquire land within ten years - Petitioners served purchase notice - Held that the petitioners are entitled to serve purchase notice and seek de-reservation as the land remained unacquired and unusable (Paras 3-10).
Issue of Consideration
Whether the petitioners, as owners of land reserved for public purposes in a development plan, are entitled to serve a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and seek de-reservation after the planning authority failed to acquire the land within the statutory period.
Final Decision
The court allowed the writ petition, directing the respondents to consider the purchase notice served by the petitioners under Section 127 of the MRTP Act, 1966, and to take appropriate action in accordance with law, including de-reserving the land if acquisition is not feasible. Rule made absolute.
Law Points
- Section 127 of the Maharashtra Regional and Town Planning Act
- 1966
- Purchase Notice
- De-reservation
- Acquisition of Reserved Land
- Development Plan
- Reservation for Public Purpose
- Incapable of Reasonable Use
Case Details
2022 LawText (BOM) (12) 128
Writ Petition No. 6776 of 2019
Sandeep K. Shinde, Mrs. Vrushali V. Joshi
Mr G. K. Mundhada for the Petitioners, Ms H. N. Jaipurkar, AGP for Respondents No.1 and 2, Mr N. S. Bhelkar for Respondent No.3
Manoj Murlimanohar Khandelwal and Manish Murlimanohar Khandelwal
State of Maharashtra, The Director of Town Planning, State of Maharashtra, Municipal Council/Nagar Parishad through the Chief Officer, Daryapur
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Nature of Litigation
Writ Petition under Article 226 of the Constitution of India seeking direction for de-reservation of land or acquisition pursuant to purchase notice under Section 127 of the MRTP Act.
Remedy Sought
Petitioners sought a direction to the respondents to de-reserve the land or acquire it, and to consider the purchase notice served under Section 127 of the MRTP Act.
Filing Reason
The petitioners' land was reserved for public purposes in the development plan, and the planning authority failed to acquire it within the statutory period, rendering the land incapable of reasonable use.
Previous Decisions
Development permission was refused by the Chief Officer on 07.04.2014 due to reservation. No acquisition proceedings were initiated within ten years from the date of the development plan.
Issues
Whether the petitioners are entitled to serve a purchase notice under Section 127 of the MRTP Act, 1966, after the planning authority failed to acquire the reserved land within the statutory period.
Whether the land reserved for public purposes became incapable of reasonable use due to the reservation, entitling the owner to seek de-reservation.
Submissions/Arguments
Petitioners argued that due to the reservation, the land became incapable of being reasonably used in its existing state, and the planning authority failed to acquire the land within ten years from the date of the development plan, entitling them to serve a purchase notice under Section 127 of the MRTP Act.
Respondents did not contest the claim; the court noted that the respondents had no objection to the petition.
Ratio Decidendi
Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if land reserved for a public purpose in a development plan is not acquired within ten years from the date of the plan, the owner may serve a purchase notice on the planning authority. If the authority fails to acquire the land within six months of the notice, the reservation is deemed to have lapsed, and the land becomes free from reservation. The court held that the petitioners were entitled to such relief as the land remained unacquired and unusable.
Judgment Excerpts
Revised Development Plan of Daryapur City, came into force on 29.04.2013, wherein Survey No.106/2 of Village Daryapur, area Admeasuring 0.55 H.R. was reserved for Primary School and Play ground, vide reservation No.16 and area admeasuring 0.30 H.R. was reserved for Hospital and Maternity Home, vide Reservation No.17.
Petitioners’ case is, on account of Reservation, the land became incapable of being reasonably use in its existing State. Thus, he was compelled to issue purchase notice.
Procedural History
The Revised Development Plan of Daryapur City came into force on 29.04.2013. On 07.04.2014, the Chief Officer refused development permission due to reservation. The petitioners served a purchase notice under Section 127 of the MRTP Act. The respondents failed to acquire the land within the statutory period. The petitioners filed Writ Petition No. 6776 of 2019 before the Bombay High Court, Nagpur Bench. The court heard the matter and delivered judgment on 02.12.2022.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 127
