Case Note & Summary
The petitioners, owners of lands bearing Survey Nos. 103 and 104 at Kopargaon, filed a writ petition under Article 226 of the Constitution of India challenging the second revised development plan of the Municipal Council, Kopargaon, sanctioned on 28.12.2012, to the extent that their lands were reserved for a garden. The petitioners claimed that the reservation had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) because the Municipal Council failed to acquire the lands within ten years from the date of the plan. The lands originally belonged to L.S. Kulkarni, and after his death, the petitioners succeeded to the property. Petitioner nos. 1 to 4 were tenants in possession, and petitioner nos. 5 and 6 were heirs of the original owner. The petitioners sought quashing of the reservation and a declaration that they were entitled to develop the lands. The court examined the provisions of 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 plan, the reservation lapses and the land is deemed to be released. The court noted that the plan was sanctioned on 28.12.2012, and no acquisition proceedings had been initiated by the Municipal Council. The court held that the reservation had lapsed, and the petitioners were entitled to develop the lands in accordance with the development plan. The writ petition was allowed, and the reservation was quashed.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Failure to Complete Acquisition - The petitioners' lands were reserved for a garden in the revised development plan sanctioned on 28.12.2012. The Municipal Council failed to take steps for acquisition within ten years from the date of the plan. Held that the reservation lapsed and the lands are deemed to be released from reservation, entitling the petitioners to develop the lands in accordance with the plan. (Paras 1-10) B) Land Acquisition - Statutory Period - Section 127 of MRTP Act, 1966 - Computation of Time - The period of ten years for acquisition commences from the date of sanction of the development plan. Since the plan was sanctioned on 28.12.2012 and no acquisition proceedings were initiated, the reservation lapsed on 28.12.2022. (Paras 8-10) C) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Quashing of Development Plan - The High Court can quash the reservation in a development plan if the statutory period for acquisition has expired and no steps have been taken. The petitioners' writ petition was allowed, and the reservation was quashed. (Paras 1-10)
Issue of Consideration
Whether the reservation of petitioners' lands in the revised development plan for a garden purpose has lapsed due to non-completion of acquisition within the statutory period under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and whether the petitioners are entitled to develop the lands.
Final Decision
The writ petition is allowed. The reservation of the petitioners' lands in the second revised development plan is quashed. The petitioners are entitled to develop the lands in accordance with the development plan.
Law Points
- Lapse of reservation under Section 127 of MRTP Act
- 1966
- Failure to complete acquisition within statutory period
- Right of landowner to develop after deemed release
- Mandatory duty of planning authority to acquire within prescribed time
