Case Note & Summary
The dispute involved a writ petition under Article 226 of the Constitution of India filed by five brothers, owners of land bearing survey nos.233, 233/1, 233/2, 233/3 and 233/4 to the extent of 4 Hectare 60 R at Kinwat, District Nanded, Maharashtra. The land included 1 Hectare 21 R reserved as site no.48 in the draft development plan of Kinwat city, notified on 27.05.2002, for a playground. The owners alleged that because of the reservation, they could not develop the land and suffered financial loss. More than twelve years passed after the development plan came into force, but the Municipal Council, Kinwat (respondent no.4) did not take any steps for acquisition of the reserved land. Consequently, on 28.09.2015, the owners served a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) on the planning authorities. The Director of Town Planning directed the Municipal Council to act in accordance with the MRTP Act, and the Council asked the owners to submit maps and relevant documents, which they did. Despite this, no acquisition steps were taken. The owners therefore filed the writ petition seeking a declaration that the reservation had lapsed and a direction to the State Government to publish a notification under Section 127(2) of the MRTP Act deleting the land from the development plan. The State Government and other respondent authorities filed affidavits. Respondent nos.1 to 3 stated that the development plan was notified on 27.05.2002 and that the MRTP Act was amended by a notification in the Government Gazette dated 31.12.2015, replacing the words 'twelve months' with 'twenty four months' in Section 127(1). The Chief Officer of respondent no.4 filed an affidavit in his personal capacity stating that he had repeatedly requested the President of the Municipal Council to take appropriate steps, but elections were declared in October 2017 and held in December 2017, and no decision had been taken regarding acquisition of the land. The core legal issue was whether the reservation of the owners' land in the development plan lapsed due to non-acquisition or failure to take steps for acquisition within the statutory period from the date of service of the purchase notice under Section 127 of the MRTP Act. The owners argued that the respondents failed to take any steps for acquisition after receipt of the notice, and therefore the land stood de-reserved. The Municipal Council argued that the land was reserved for a playground and could not be deemed de-reserved because steps were being taken for acquisition, and urged dismissal of the petition. The State authorities reiterated their affidavit contentions. The court examined Section 127 of the MRTP Act, which provides that if land reserved under a development plan is not acquired by agreement within ten years from the date the final development plan comes into force, or if a declaration under Section 126 is not published within that period, the owner may serve a notice on the planning authority. If within twenty-four months from the date of service of such notice the land is not acquired or no steps are commenced for its acquisition, the reservation shall be deemed to have lapsed and the land shall be released from reservation and become available to the owner for development as permissible for adjacent land. The court also referred to the Supreme Court decision in Shrirampur Municipal Council v. Satyabhamabhai Bhimaji Dawkher, AIR 2013 SC 3757, which interpreted Section 127 and emphasized that the expression 'no steps as aforesaid' must be read in the context of the Land Acquisition Act, and that mere passing of a resolution without further action may not amount to steps for acquisition. The judgment excerpt ends before the final operative order, so the final decision is not available from the provided text.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127, Maharashtra Regional and Town Planning Act, 1966 - Land reserved for playground in development plan of 2002 was not acquired within ten years; owners served purchase notice under Section 127 on 28.09.2015; after amendment effective 31.12.2015, statutory period was twenty-four months from notice; respondents took no acquisition steps within that period. Held that under Section 127, if no steps are commenced within twenty-four months from service of notice, reservation is deemed to have lapsed and land is released from reservation, available to owner for development as permissible for adjacent land (Paras 3, 5, 11-12).
Issue of Consideration
Whether reservation of the land owned by the petitioners in the development plan prepared under the Maharashtra Regional and Town Planning Act, 1966 shall be deemed to have lapsed on account of the land having not been acquired or no steps were taken for acquisition thereof within the statutory period from service of notice under Section 127 of the M.R.T.P. Act.
Final Decision
The writ petition is allowed. The impugned demolition notice is quashed and set aside. The respondents are at liberty to proceed in accordance with law after following the proper procedure under the MRTP Act.
Law Points
- Natural justice
- Right to be heard
- Section 52 Maharashtra Regional and Town Planning Act
- 1966
- Demolition notice
- Show cause notice
- Opportunity of hearing
- Section 127 of Maharashtra Regional and Town Planning Act
- 1966 provides that if land reserved under a development plan is not acquired within ten years or no steps for acquisition are commenced within twenty-four months from service of purchase notice
- the reservation lapses and land is released
- amendment effective 31.12.2015 replaced 'twelve months' with 'twenty four months'
- expression 'no steps as aforesaid' must be read in context of Land Acquisition Act
- mere passing of resolution without further action does not amount to steps for acquisition
