Case Note & Summary
The petitioner, Bombay Salesian Society, a public trust engaged in educational and charitable activities, owned a plot of land admeasuring around 5000 sq. mtrs. bearing FP No.454 in Nashik. The land was reserved for a bus terminus (site no.321) in the development plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The final development plan came into force on 26th June 2003. The acquiring authority, Maharashtra State Road Transport Corporation (MSRTC), failed to acquire the land within ten years from that date. The petitioner filed a writ petition seeking a direction to the State to notify the de-reservation of the land in the official gazette, as the reservation had lapsed under Section 127 of the MRTP Act. The court examined the provisions of Section 127, which states that if land reserved for a public purpose is not acquired within ten years from the date of the final development plan, the reservation lapses and the land is deemed to be released. The court found that the ten-year period expired on 26th June 2013, and no acquisition proceedings were initiated. The court rejected the respondents' argument that the period should be counted from the date of the earlier draft plan, holding that the relevant date is the final development plan. The court also noted that the MSRTC had not taken any steps to acquire the land. Consequently, the court allowed the petition and directed the State to notify the de-reservation within one month. The court clarified that upon such notification, the land would be available for the petitioner's use in accordance with law.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Failure to Acquire Within Ten Years - The petitioner's land was reserved for a bus terminus in the development plan. The acquiring authority failed to acquire the land within ten years from the date of the final development plan. The court held that the reservation lapsed and the land shall be deemed to be released from such reservation. The State was directed to notify the de-reservation in the official gazette within one month. (Paras 1-30) B) Town Planning - Mandamus - Section 127 of MRTP Act - Duty of State to Notify De-reservation - Once the reservation lapses under Section 127, the State is obligated to notify the de-reservation. The court issued a writ of mandamus directing the State to notify the de-reservation within one month. (Paras 25-30)
Issue of Consideration
Whether the reservation on the petitioner's land for a bus terminus under the MRTP Act has lapsed due to non-acquisition within ten years, and whether the petitioner is entitled to a direction for de-reservation.
Final Decision
The court allowed the writ petition and directed Respondent No.1 to notify in the official gazette within one month that the reservation for bus terminus on the petitioner's plot has lapsed. Upon such notification, the land shall be deemed to be released from reservation and available for the petitioner's use in accordance with law.
Law Points
- Lapse of reservation under Section 127 of MRTP Act
- 1966
- Failure to acquire within ten years
- De-reservation of land
- Right of owner to use land after lapse
- Mandamus to notify de-reservation
