Case Note & Summary
The petitioner, Jayantilal Himmatlal Oswal, owned land admeasuring 1945.46 sq. mtrs. in Lonavala, purchased in 1986. The development plan of Lonavala Municipal Council, sanctioned in 1978, reserved 390 sq. mtrs. of this land for a playground for a primary school and 204.53 sq. mtrs. for a road. The petitioner issued a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 on 21.07.2018, calling upon the council to acquire the land. The council failed to take any steps for acquisition within ten years from the date of the notice. The petitioner sought a declaration that the reservation had lapsed and the land was de-reserved. The court, relying on Section 127, held that since no steps for acquisition were taken within the stipulated period, the reservation lapsed. The court declared the reservation lapsed and directed the council to modify the development plan accordingly, allowing the petitioner to use the land as permissible under the Act.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioner, owner of land reserved for a playground, issued a purchase notice under Section 127 on 21.07.2018. The municipal council failed to acquire the land or take steps within ten years. The court held that the reservation lapsed and the land became available to the petitioner for development as permissible under the Act. (Paras 1-10)
B) Town Planning - De-reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Failure to Acquire - The court found that no steps for acquisition were taken within the statutory period. The reservation was deemed to have lapsed, and the land was de-reserved. The court directed the municipal council to modify the development plan accordingly. (Paras 5-10)
Issue of Consideration
Whether the reservation of the petitioner's land for a playground has lapsed due to the failure of the municipal council to take steps for acquisition within ten years of the purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the petition, declaring that the reservation of 390 sq. mtrs. of land for playground has lapsed and the land is de-reserved. The court directed the municipal council to modify the development plan accordingly within three months.
Law Points
- Lapse of reservation under Section 127 of MRTP Act
- 1966
- Purchase notice
- Failure to acquire within stipulated period
- De-reservation
- Development plan reservation
Case Details
2021 LawText (BOM) (04) 31
Writ Petition No. 205 of 2021
S.J. Kathawalla, Surendra P. Tavade
Mr. U.B. Nighot for the Petitioner, Mr. S.B. Kalel, AGP for the State, Mr. A.A. Garge for Respondent No. 3
Jayantilal Himmatlal Oswal
The State of Maharashtra, Director of Town Planning, Lonavala Municipal Council
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Nature of Litigation
Writ petition seeking declaration that reservation of land for playground has lapsed due to failure to acquire within ten years of purchase notice under Section 127 of MRTP Act.
Remedy Sought
Declaration that the reservation of 390 sq. mtrs. of land from Survey No. 21, Hissa 1 B, Lonavala for playground has lapsed and the land is de-reserved and available for development.
Filing Reason
The petitioner issued a purchase notice on 21.07.2018 under Section 127 of MRTP Act, but the municipal council failed to take steps for acquisition within the statutory period of ten years.
Issues
Whether the reservation of the petitioner's land for a playground has lapsed under Section 127 of the MRTP Act due to failure of the municipal council to acquire the land within ten years of the purchase notice.
Submissions/Arguments
Petitioner submitted that the land was reserved for playground since 1978, and despite purchase notice dated 21.07.2018, no steps for acquisition were taken within ten years, hence reservation lapsed.
Respondents did not oppose the petition; the municipal council admitted that no steps for acquisition were taken.
Ratio Decidendi
Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if land reserved for a public purpose is not acquired within ten years from the date of a purchase notice issued by the owner, the reservation lapses and the land becomes available to the owner for development as permissible under the Act.
Judgment Excerpts
The Petitioner is the owner of land more particularly set out / described hereinafter.
The Petitioner has filed the above Writ Petition inter alia seeking the following reliefs :
The facts and circumstances giving rise to the present petition are in brief set out hereunder :
Under a registered sale deed dated 17th October, 1986, the Petitioner and his brother purchased a plot of land ad-measuring 1945.46 Sq. Mtrs. bearing Survey No. 21, Hissa No. 1B alongwith a bungalow standing thereon, bearing municipal house No. 92, ward – G ('the said Land').
The development plan of the Lonavala Municipal Council was sanctioned by the Government of Maharashtra vide G.R. No. TPS/1876/940 dated 28th February, 1978.
By the said development plan, 390 Sq. Mtrs. and 204.53 Sq. Mtrs. from and out of the said land came to be reserved for the purpose of Play Ground for Primary School and for the purpose of development plan road, respectively.
The Petitioner through his Advocate issued a purchase notice dated 21st July, 2018 under Section 127 of the MRTP Act to the Respondents calling upon them to acquire the said land.
The Respondents have not taken any steps for acquisition of the said land.
In view of the above, the Petitioner is entitled to a declaration that the reservation in respect of the said land has lapsed.
The Petition is accordingly allowed in terms of prayer clauses (b) and (c).
Procedural History
The petitioner filed Writ Petition No. 205 of 2021 before the Bombay High Court seeking declaration of lapse of reservation. The court heard the matter on 9th April 2021 via video conferencing and allowed the petition.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127
