Case Note & Summary
The petitioner, Sakharam Mahadev Jadhav, was the owner of lands bearing Survey No.69/1 and 69/2/1 situated at Village Belavali, Taluka Ambarnath, District Thane, within the jurisdiction of Kulgaon-Badlapur Municipal Council (Respondent No.4). The lands were reserved under the development plan for 'Public Offices and Staff Quarters' (Reservation No.5) and 'Truck Terminal' (Reservation No.6). The petitioner filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State and Urban Development Department to issue a notification of lapsation, declaring that the reservations had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The petitioner contended that more than ten years had elapsed since the date of the development plan, and no steps for acquisition had been taken by the respondents. The respondents argued that the reservations were still valid and that the petitioner had not made a valid purchase notice. The court examined Section 127 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within ten years from the date of the final development plan, the reservation lapses and the land reverts to the owner. The court found that the development plan was finalized in 2005, and no acquisition proceedings were initiated within ten years. The court rejected the respondents' argument that a purchase notice was required, holding that the lapsation occurs automatically by operation of law. The court allowed the writ petition and directed the respondents to issue a notification declaring the lapsation within a specified period.
Headnote
A) Town Planning - Lapsation of Reservation - Section 127 of MRTP Act, 1966 - Failure to Acquire - The petitioner sought declaration that reservations on his land had lapsed as no acquisition proceedings were initiated within ten years from the date of the development plan. The court held that under Section 127, if land reserved for a public purpose is not acquired within ten years, the reservation lapses and the land reverts to the owner. Since the respondents failed to initiate acquisition within the statutory period, the reservations stood lapsed. (Paras 1-17) B) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - Direction to Issue Lapsation Notification - The court directed the respondents to issue a notification declaring the lapsation of reservations within a specified period, as the petitioner was entitled to the benefit of Section 127. (Paras 17-18)
Issue of Consideration
Whether the reservation on the petitioner's land under the development plan has lapsed due to non-initiation of acquisition proceedings within the period prescribed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the writ petition and directed the respondents to issue a notification declaring that the reservations on the petitioner's land have lapsed under Section 127 of the MRTP Act, 1966.
Law Points
- Lapsation of reservation under Section 127 of MRTP Act
- 1966
- Failure to acquire land within ten years
- Deemed lapse
- Mandamus to issue lapsation notification
- Applicability of Section 127 to reservations in development plans
