Case Note & Summary
The petitioner, Vijaykumar Motilal Hirakhanwala, owned lands bearing Survey No. 386 (2.78 H) and Survey No. 389 (1.23 H) within the limits of Jalna Municipal Council. These contiguous lands admeasured 4.1 Hectares. The final development plan for Jalna city was notified on 15.5.1989, reserving part of the lands (1.32 H) for primary school, playground, and rehabilitation of persons affected by the development plan (Reservation Nos. 54, 55, and 56). In February 2004, the State Government effected minor modifications shifting the position of reservations without altering the area. The Collector, on 29.3.1996, permitted the petitioner to use the remaining area for residential purposes. Since no steps were taken by the respondents to acquire the reserved land within the time prescribed under Section 127 of the MRTP Act, the petitioner issued a notice under Section 127 on 9.2.2008 to respondent No.2 (Municipal Council), which was received on 11.2.2008. On 16.7.2008, respondent No.2 passed a resolution to send a proposal for acquisition to the Collector, Jalna. The petitioner then filed the writ petition under Article 226 of the Constitution of India, contending that the reservation had lapsed due to inaction. The legal issue was whether the reservation lapsed under Section 127 of the MRTP Act because the planning authority failed to take steps within six months from the date of service of the notice. The petitioner argued that no steps were taken within six months, while the respondents contended that the resolution to send a proposal constituted taking steps. The court analyzed Section 127 and held that the expression 'steps for acquisition' means actual steps towards acquisition, such as issuing a notification under Section 6 of the Land Acquisition Act, and not merely a resolution to send a proposal. Since the resolution was passed after six months, the reservation lapsed. The court allowed the petition, declaring that the reservation had lapsed and the land was free from reservation.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 Maharashtra Regional and Town Planning Act, 1966 - Inaction of Planning Authority - The petitioner issued notice under Section 127 on 9.2.2008, received by respondent on 11.2.2008. The respondent passed a resolution on 16.7.2008 to send proposal for acquisition, which was beyond six months. The court held that the resolution to send proposal does not amount to taking steps for acquisition within the meaning of Section 127, and thus the reservation lapsed. (Paras 2-5)
Issue of Consideration
Whether the reservation has lapsed by reason of inaction on the part of the planning authorities under the Maharashtra Regional and Town Planning Act, 1966 to take steps within a period of six months from the date of service of the notice of purchase, as stipulated by Section 127 of the MRTP Act.
Final Decision
The court allowed the writ petition, declaring that the reservation on the petitioner's land had lapsed by reason of inaction on the part of the planning authority. The land was directed to be released from reservation and the respondents were restrained from interfering with the petitioner's use of the land.
Law Points
- Reservation lapses if planning authority fails to take steps for acquisition within six months of notice under Section 127 MRTP Act
- Resolution to send proposal after six months does not constitute taking steps
