Case Note & Summary
The petitioners, owners of Field Survey Nos. 96/3 and 98/2 in Khamgaon, sought to develop open spaces after surrendering land for a 60 ft. wide D.P. Road following the lapse of its reservation. The Municipal Council initially granted permission but later revoked it. The petitioners challenged the revocation, arguing that the reservation had lapsed, the surrender was voluntary, and they had created third party interests in favor of petitioners No. 4 and 5. The court held that the revocation was illegal because the reservation had lapsed, the surrender was not under any statutory compulsion, and the petitioners had acted on the permission to create rights in favor of others. The court allowed the petition, directing the Municipal Council to permit development as per the original permission.
Headnote
A) Municipal Law - Development Permission - Revocation - Reservation Lapse - Petitioners surrendered land for 60 ft. wide D.P. Road after its reservation lapsed, and were granted permission to develop open spaces. Municipal Council later revoked permission. Held that revocation was illegal as the reservation had lapsed and petitioners had acted upon the permission to create third party rights. (Paras 1-5) B) Property Law - Surrender of Land - Reservation Lapse - Once reservation under the development plan lapses, the land reverts to the owner and any surrender thereafter is voluntary. The Municipal Council cannot unilaterally revoke permission granted on such surrender. (Paras 1-5)
Issue of Consideration
Whether the Municipal Council could revoke the development permission granted to the petitioners after the reservation for the D.P. Road had lapsed and after the petitioners had surrendered the land and created third party interests.
Final Decision
The court allowed the writ petition, quashed the revocation, and directed the Municipal Council to permit the petitioners to develop the open spaces as per the original permission.
Law Points
- Development permission
- revocation
- reservation lapse
- surrender of land
- third party rights
- estoppel
- legitimate expectation
