Case Note & Summary
The petitioner, Madanlal Lalchand Jain, owned land bearing S.No. 38/3 at Nandurbar. The Assistant Director of Town Planning published a draft development plan on 14/2/1976, which was sanctioned on 6/1/1979, reserving the land as site no. 10 for a shopping centre. Since the land was not acquired for over 18 years, the petitioner issued a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) on 30/7/1996 to the Municipal Council (respondent no. 3). The Municipal Council passed a resolution for acquisition on 16/12/1996, but no declaration under Section 6 of the Land Acquisition Act, 1894 was published, nor did the Collector initiate any acquisition proposal. The six-month period under Section 127 expired on 29/1/1997. The petitioner sought a declaration that the reservation had lapsed and a direction against the Collector not to proceed with acquisition. The State contended that the site was again reserved in a revised draft plan published on 18/6/1998 and that steps for acquisition had been taken, including a resolution on 16/12/1996 and a proposal submitted to the Collector on 31/1/1997. The court analyzed Section 127 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within six months of a purchase notice, the reservation lapses. The court found that no effective steps for acquisition were taken within the six-month period; the resolution alone was insufficient. The court allowed the petition, declaring that the reservation lapsed on 29/1/1997 and directing the respondents not to proceed with acquisition.
Headnote
A) Town Planning - Reservation - Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioner, owner of land reserved for a shopping centre, issued a purchase notice under Section 127 on 30/7/1996. The Municipal Council passed a resolution for acquisition on 16/12/1996 but no declaration under Section 6 of the Land Acquisition Act, 1894 was published nor any proposal initiated by the Collector within six months. The court held that the reservation lapsed automatically on 29/1/1997 as no steps for acquisition were taken within the stipulated period. (Paras 1-4)
Issue of Consideration
Whether the reservation of land for a shopping centre lapses under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, when no acquisition proceedings are initiated within six months of the purchase notice.
Final Decision
The court allowed the petition, declaring that the reservation of site no. 10 for shopping centre lapsed on 29/1/1997, and directed the respondents not to proceed with acquisition of the said land.
Law Points
- Section 127 of MRTP Act
- 1966
- Purchase Notice
- Lapse of Reservation
- Automatic Dereservation
- Land Acquisition Act
- 1894
