Case Note & Summary
The petitioner, Vijaykumar Motilal Hirakhanwala, filed a writ petition under Articles 14, 19(1)(g), 226, and 300A of the Constitution of India seeking a mandamus to declare that reservation no.57 over his land bearing CTS No.6758, admeasuring 4000 sq. mtrs., within the limits of Jalna Municipal Council, had lapsed and to direct the respondents to release the land from the reservation under the Final Development Plan of Jalna city. The land was reserved for a primary school and playground under the Final Development Plan notified on 15/05/1989. The petitioner contended that despite a resolution passed by the Planning Authority on 27/05/2002, the reservation was never acted upon for over 21 years. The respondents failed to acquire the land or take any steps to implement the reservation. The Court considered the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966, which provides for lapsing of reservation if the land is not acquired within 10 years from the date of the plan. The Court held that the reservation had lapsed and directed respondent no.1 (State of Maharashtra) to notify the lapsing and publish it in the official gazette under Section 127(2) of the Act. The writ petition was allowed with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Failure to acquire land within 10 years - The petitioner's land was reserved for a primary school and playground under reservation no.57 in the Final Development Plan notified on 15/05/1989. Despite a resolution passed on 27/05/2002, the respondent authorities failed to acquire the land or take any steps for over 21 years. The Court held that the reservation had lapsed and directed the State to notify the lapsing and release the land. (Paras 1-5) B) Constitutional Law - Right to Property - Article 300A of Constitution of India - Deprivation of property without acquisition - The Court noted that continued reservation without acquisition for an unreasonable period amounts to deprivation of property without due process of law, and the petitioner is entitled to have the land released from reservation. (Para 2)
Issue of Consideration
Whether the reservation over the petitioner's land under the Final Development Plan has lapsed due to non-acquisition within the statutory period under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The writ petition is allowed. The reservation no.57 over the petitioner's land bearing CTS No.6758, admeasuring 4000 sq. mtrs., is declared to have lapsed. Respondent no.1 is directed to notify the lapsing and publish it in the official gazette under Section 127(2) of the MRTP Act. No order as to costs.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Mandamus for release of land
- Failure to acquire within 10 years
- Automatic lapsing upon expiry of period
