Case Note & Summary
The petitioners, owners of land bearing Survey No.99 (now 99-A) and site Nos.142 and 145 at Malegaon, District Nasik, filed a writ petition seeking de-reservation of the said land from the development plan sanctioned under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The land was reserved for a high school and playground in the first revised development plan which came into force on 1.4.1986. The petitioners' predecessor-in-title had attempted to develop the land for residential and industrial purposes but failed due to the reservation. The petitioners contended that the reservation had lapsed as the authorities had not acquired the land within the prescribed period. The court examined the provisions of Sections 126 and 127 of the MRTP Act. It noted that under Section 127, a landowner can serve a notice on the authority requiring it to acquire the land; if the authority fails to acquire within six months or proceedings are not commenced within one year, the reservation lapses. However, the petitioners had not issued any such notice. The court held that the reservation does not lapse automatically; the statutory procedure must be followed. Since no notice under Section 127 was given, the reservation continued. The court also noted that the petitioners had not challenged the validity of the reservation itself. Consequently, the petition was dismissed, and the rule was discharged with no order as to costs.
Headnote
A) Town Planning - Reservation of Land - De-reservation - Sections 126, 127 Maharashtra Regional and Town Planning Act, 1966 - Petitioners sought de-reservation of land reserved for high school and playground - Court held that reservation does not lapse automatically; a purchase notice under Section 127 must be given and the authority must fail to acquire within the prescribed period - Petitioners failed to issue such notice - Held that the reservation continues and petition dismissed (Paras 1-5).
Issue of Consideration
Whether the petitioners are entitled to de-reservation of the land reserved for high school and playground in the development plan under the Maharashtra Regional and Town Planning Act, 1966, and whether the reservation has lapsed.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Reservation of land in development plan
- De-reservation
- Lapse of reservation under Section 127 of MRTP Act
- 1966
- Requirement of notice under Section 127
- Purchase notice
Case Details
WRIT PETITION NO.8062 OF 2004
R.M.S.Khandeparkar, V.M.Kanade
C.G.Gavnekar, G.S.Hiranandani, Deepa Sawant for petitioners; S.S.Bhende, AGP for respondent Nos.1 to 5 and 7; S.M.Sabrad for respondent No.6
Zaheda Abdul Ahad, Shamsul Aarefeen Zainulabedin, Fazlur Reheman Habibur Raheman, Sirajunnisa Naseem Ahmed, Aasif Iqbal Naseem Ahmed
Director of Town Planning Maharashtra State, Dy. Director of Town Planning, Asst.Director of Town Planning, District Collector Nasik, State of Maharashtra, Malegaon Municipal Corporation, Special Land Acquisition Officer
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Nature of Litigation
Writ petition seeking de-reservation of land from development plan and quashing of order dated 10th October 2003.
Remedy Sought
Petitioners sought de-reservation of plot bearing Survey No.99 to the extent of 8300 sq.mtrs., now forming Survey No.99-A and site Nos.142 and 145, and quashing of order dated 10th October 2003 issued by respondent no.1, and declaration that petitioners are entitled to use the said area.
Filing Reason
The land was reserved for high school and playground in the development plan; petitioners wanted the reservation removed to develop the land.
Issues
Whether the reservation of the land for high school and playground has lapsed under the MRTP Act?
Whether the petitioners are entitled to de-reservation of the land?
Submissions/Arguments
Petitioners argued that the reservation had lapsed as the authorities had not acquired the land within the prescribed period.
Respondents contended that no notice under Section 127 was given and the reservation continues.
Ratio Decidendi
Under Section 127 of the MRTP Act, a reservation does not lapse automatically; the landowner must serve a notice on the authority requiring acquisition, and only if the authority fails to acquire within the prescribed period does the reservation lapse. Since no such notice was given, the reservation continues.
Judgment Excerpts
The petitioners seek de-reservation of plot bearing Survey No.99 to the extent of 8300 sq.mtrs., now forming Survey No.99-A and site Nos.142 and 145 situated at Malegaon, District- Nasik from development plan as applicable to Malegaon, District-Nasik.
Under Section 127 of the said Act, the owner of the land can serve a notice on the authority concerned to acquire the land and if the authority fails to acquire the land within six months or proceedings are not commenced within one year, the reservation lapses.
In the present case, no such notice has been given by the petitioners. Therefore, the reservation has not lapsed.
Procedural History
The first revised development plan of Malegaon under the MRTP Act was sanctioned on 21.2.1986 and came into force on 1.4.1986. The land was reserved for high school and playground. The petitioners filed the present writ petition in 2004 seeking de-reservation. The petition was heard and dismissed on 21.9.2005.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 126, 127
