Case Note & Summary
The petitioner, Ramchandra Balwant Talange and others, owned survey no. 907 in Miraj city. On 26-04-1979, the Town Planning Authority reserved this land in the development plan for extension of a cooperative society. The plan was sanctioned and came into force in June 1979. No acquisition action was taken by the respondents for over ten years. On 12-06-1995, the petitioner issued a notice under Section 126 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) to the Miraj Municipal Council, requiring them to acquire the land for the reservation purpose within the stipulated time. Despite this notice, no acquisition was made. The petitioner then filed a writ petition challenging the reservation on the ground that it violated Sections 126 and 127 of the MRTP Act. The court considered the provisions of Sections 126 and 127, which provide that if land reserved in a development plan is not acquired within ten years from the date of notice under Section 126, the reservation lapses and the land reverts to the owner free from reservation. The court found that the petitioner had issued the notice under Section 126 on 12-06-1995, and more than ten years had elapsed without any acquisition. Therefore, the reservation had lapsed. The court allowed the petition, declaring that the reservation of the petitioner's land had lapsed and the land was free from reservation.
Headnote
A) Town Planning - Reservation Lapse - Sections 126 and 127 Maharashtra Regional and Town Planning Act, 1966 - Land reserved for extension of cooperative society - Petitioner issued notice under Section 126 on 12-06-1995 requiring acquisition within stipulated time - No acquisition made within ten years - Held that reservation lapses and land reverts to petitioner free from reservation (Paras 1-3).
Issue of Consideration
Whether the reservation of the petitioner's land under the development plan lapses due to non-acquisition within the statutory period under Sections 126 and 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the petition, declaring that the reservation of the petitioner's land had lapsed and the land was free from reservation.
Law Points
- Reservation lapses if acquisition not completed within ten years from date of notice under Section 126
- Section 127 MRTP Act
- 1966
