Case Note & Summary
The petitioner, Madanlal Lalchand Jain, owned two parcels of land in Nandurbar: Survey No.30/1 (8700 sq.m) and Survey No.36/1/A (3807.50 sq.m). The Draft Development Plan for Nandurbar was published on 14/2/1976 under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act), sanctioned on 6/1/1979, and came into effect on 19/3/1979. Under this plan, 4500 sq.m of Survey No.30/1 and the entirety of Survey No.36/1/A were reserved for a garden, designated as Site No.6. Despite the passage of 27 years, the respondents—the State of Maharashtra and the Nandurbar Municipal Council—took no steps to acquire the land. The petitioner issued two notices on 21/2/2006 and 29/5/2006 under Section 127 of the MRTP Act, calling upon the municipal council to acquire the reserved lands. The municipal council passed a resolution on 27/5/2006 stating it was unable to acquire the lands. No acquisition proceedings were initiated within six months of the notice. The petitioner then applied for development permission on 14/11/2008, which was refused on 21/1/2009 on the ground that the lands remained reserved in a revised plan (Site No.25). An appeal against this refusal was rejected on 30/6/2009. The petitioner sought a writ of mandamus declaring the lands released from reservation and quashing the rejection order. The court held that under Section 127 of the MRTP Act, if no steps for acquisition are taken within six months of the notice, the reservation is deemed to have lapsed, and the landowner is entitled to develop the land. The court allowed the petition, declaring the lands released from reservation and setting aside the order dated 30/6/2009.
Headnote
A) Town Planning - Deemed Release of Land from Reservation - Section 127 of Maharashtra Regional Town Planning Act, 1966 - Landowner issued notice under Section 127 for acquisition of land reserved for garden; acquiring body failed to take steps within six months - Held that the land is deemed to be released from reservation and the landowner is entitled to develop the land in accordance with the plan (Paras 1-5).
Issue of Consideration
Whether the petitioner's lands reserved under the Maharashtra Regional Town Planning Act, 1966 are deemed to be released from reservation due to non-acquisition within six months of notice under Section 127, and whether the petitioner is entitled to a writ of mandamus for such release.
Final Decision
The court allowed the writ petition, declaring that the petitioner's lands (Survey No.30/1 and 36/1/A) are deemed to be released from reservation under the MRTP Act. The order dated 30/6/2009 passed by the first respondent was quashed and set aside. The respondents were directed to treat the lands as released from reservation and to permit development in accordance with law.
Law Points
- Deemed release of land from reservation under Section 127 of MRTP Act
- Mandamus for release of reserved land
- Non-acquisition within six months of notice
- Effect of revised development plan on reservation
