Case Note & Summary
The petitioner, a partnership firm of builders and developers, challenged a declaration issued by the Government of Maharashtra under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) read with Section 6 of the Land Acquisition Act, 1894, on 21st March 2005 and 6th April 2005, for the acquisition of land admeasuring 4055.37 sq.mtrs. in Rasta Peth, Pune. The land was reserved for Government purposes (Education Department) under the Development Plan for Pune City, which was sanctioned on 5th January 1987 and came into force on 5th February 1987. The ninth respondent, the owner of the land, served a purchase notice under Section 127 of the MRTP Act calling upon the authorities to take steps for acquisition. On 12th April 2001, the ninth respondent was informed that acquisition proceedings had already been initiated since 1997. The petitioner claimed to have entered into a development agreement with the ninth respondent on 10th January 2005, after the purchase notice had been served. The court considered whether the petitioner had locus standi to challenge the acquisition declaration. The court held that the petitioner, having entered into the development agreement after the purchase notice was served, had no locus standi to challenge the acquisition. The court also noted that acquisition proceedings had commenced in 1997, within the ten-year period from the plan coming into force, and therefore the declaration was valid. The petition was dismissed.
Headnote
A) Town Planning - Purchase Notice - Locus Standi - Section 127, Maharashtra Regional and Town Planning Act, 1966 - The petitioner, a developer who entered into a development agreement after the owner had already served a purchase notice under Section 127, has no locus standi to challenge the acquisition declaration under Section 126(4) read with Section 6 of the Land Acquisition Act, 1894. The right to challenge vests in the owner or person interested at the time of the notice. (Paras 1-3) B) Town Planning - Acquisition Declaration - Validity - Section 126(4), Maharashtra Regional and Town Planning Act, 1966 read with Section 6, Land Acquisition Act, 1894 - The declaration issued on 21st March 2005 and 6th April 2005 for land reserved in the Development Plan sanctioned in 1987 was valid as acquisition proceedings had already commenced in 1997, well within the ten-year period from the plan coming into force. (Paras 1-2)
Issue of Consideration
Whether the petitioner, who entered into a development agreement after the service of a purchase notice under Section 127 of the MRTP Act, has locus standi to challenge the declaration under Section 126(4) of the MRTP Act read with Section 6 of the Land Acquisition Act.
Final Decision
The petition was dismissed. The court held that the petitioner had no locus standi to challenge the acquisition declaration as the development agreement was entered into after the purchase notice under Section 127 was served. The acquisition proceedings had commenced in 1997, within the ten-year period from the plan coming into force, and the declaration was valid.
Law Points
- Section 127 MRTP Act
- purchase notice
- acquisition proceedings
- development agreement
- locus standi
- reservation
- declaration under Section 126(4)
- Land Acquisition Act
