Case Note & Summary
The petitioner, Ramakant Vasudeo Pai, owned land bearing Survey No. 21/2/C, admeasuring 1,170.92 square meters, situated at Lonavala, Pune. The land was reserved for the extension of a public primary school in the development plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The petitioner purchased the land in 1995 and later sought to develop it, but was unable to do so due to the reservation. The petitioner served a purchase notice under Section 127 of the MRTP Act on the respondent municipal council, calling upon them to acquire the land. The respondent failed to acquire the land within the statutory period of 10 years from the date of the notice. The petitioner then filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation had lapsed. The court considered the provisions of Section 127 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within 10 years from the date of the notice, the reservation shall be deemed to have lapsed. The court found that the respondent had not taken any steps to acquire the land and that the period of 10 years had expired. The court held that the reservation had lapsed and directed the respondent to issue a final order under Section 127(2) within four weeks. The court allowed the petition and declared that the land stood released from reservation.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 MRTP Act - Failure to Acquire Within 10 Years - The petitioner's land was reserved for extension of a public primary school in the development plan. Despite the petitioner serving a purchase notice under Section 127, the respondent municipal council failed to acquire the land within the statutory period of 10 years. The court held that the reservation had lapsed and the land stood released from reservation. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Article 226 - Declaration of Lapsed Reservation - The court exercised its writ jurisdiction to declare that the reservation had lapsed, directing the municipal council to issue a final order under Section 127(2) of the MRTP Act within four weeks. (Paras 11-15)
Issue of Consideration
Whether the reservation on the petitioner's land for extension of a public primary school has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to non-acquisition within the prescribed period.
Final Decision
The court allowed the writ petition and declared that the reservation on the petitioner's land bearing Survey No. 21/2/C, admeasuring 1,170.92 square meters, situated at Lonavala, Pune, for extension of public primary school has lapsed under Section 127 of the MRTP Act. The respondent was directed to issue a final order under Section 127(2) within four weeks.
Law Points
- Section 127 of MRTP Act
- 1966
- lapsing of reservation
- failure to acquire within 10 years
- purchase notice
- deemed lapse
- Article 226 of Constitution of India
