Case Note & Summary
The petitioners, owners of lands bearing Revisional Survey Nos. 909/2/3, 909/2/9, 909/2/6, 909/2/1, and 909/2/11 at Miraj, Sangli, filed a writ petition under Article 226 of the Constitution seeking a declaration that the reservation on their lands as Reservation Site No. 65 for 'Housing for Dishoused and E.W.S. Housing' in the sanctioned development plan of Miraj City had lapsed under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act). The development plan came into force on 30/6/1979. The planning authority, initially the Miraj Municipal Council and later the Sangli, Miraj & Kupwad Municipal Corporation, did not take any steps to acquire the lands or develop them for the designated purpose for over ten years. The petitioners issued a purchase notice under Section 127 of the MRTP Act, but the respondents failed to acquire the lands within the statutory period. The court, relying on the provisions of Section 127, held that since the acquisition was not completed within ten years from the date of the reservation, the reservation lapsed, and the lands stood released from reservation. The court allowed the petition, declaring the reservation lapsed and directing the respondents to release the lands from reservation, making them available to the petitioners for development as per the development plan.
Headnote
A) Town Planning - Reservation Lapse - Section 127 MRTP Act - Failure to Acquire - The petitioners' lands were reserved for 'Housing for Dishoused and E.W.S. Housing' in the development plan sanctioned on 30/6/1979. The planning authority did not acquire the lands within ten years. The court held that the reservation lapsed under Section 127 of the MRTP Act, and the lands stand released from reservation, becoming available to the owners for development. (Paras 2-5)
Issue of Consideration
Whether the reservation on the petitioners' lands under the sanctioned development plan has lapsed under Section 127 of the Maharashtra Regional Town Planning Act, 1966, due to non-acquisition within the prescribed period.
Final Decision
The court allowed the writ petition, declaring that the reservation on the petitioners' lands has lapsed under Section 127 of the MRTP Act, and the lands stand released from reservation, becoming available to the petitioners for development as per the development plan.
Law Points
- Reservation lapses if acquisition not completed within ten years from date of reservation
- Section 127 MRTP Act
- 1966
- landowner entitled to develop land after lapse
Case Details
2010 LawText (BOM) (06) 109
WRIT PETITION NO. 3171 OF 2009
Mr. T S Ingale for the Petitioners, Mr. U R Mankapure for the Respondent No.1, Mr. A B Vagyani, AGP for the Respondents/State
Shri Pramod Moreshwar Patwardhan, Shri Pradeep Moreshwar Patwardhan, Smt.Sadhana Govind Joshi, Sou.Aruna Vinayak Dandekar, Sou Anjali Ajit Damle
Sangli, Miraj & Kupwad Municipal Corporation, The Asstt. Director, Town Planning Department, Sangli, The State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution seeking declaration that reservation on petitioners' lands has lapsed under Section 127 of the MRTP Act.
Remedy Sought
Declaration that the reservation on the petitioners' lands has lapsed and the lands stand released from reservation, becoming available for development.
Filing Reason
The planning authority failed to acquire the petitioners' lands within ten years from the date of reservation in the sanctioned development plan.
Issues
Whether the reservation on the petitioners' lands under the sanctioned development plan has lapsed under Section 127 of the MRTP Act due to non-acquisition within ten years.
Submissions/Arguments
Petitioners argued that the lands were reserved since 30/6/1979 and no acquisition steps were taken within ten years, hence the reservation lapsed under Section 127.
Respondents did not contest the lapse; the court noted that the acquisition was not completed within the statutory period.
Ratio Decidendi
Under Section 127 of the MRTP Act, if land reserved for a public purpose is not acquired within ten years from the date of the reservation, the reservation lapses, and the land becomes available to the owner for development.
Judgment Excerpts
By the above Petition filed under Article 226 of the Constitution of India, the Petitioners seek a declaration that the reservation in respect of the Petitioners lands ... has lapsed in view of the provisions of Section 127 of the Maharashtra Regional Town Planning Act, 1966.
Since the said lands were neither acquired nor developed for the purpose they were so designated in the sanctioned development plan for considerable period of time, the reservation has lapsed.
Procedural History
The petitioners filed Writ Petition No. 3171 of 2009 in the High Court of Judicature at Bombay under Article 226 of the Constitution. The court issued rule and heard the matter finally with consent of parties.
Acts & Sections
- Maharashtra Regional Town Planning Act, 1966: Section 127
- Constitution of India: Article 226
