Case Note & Summary
The petitioners, owners of four plots of land at Rajapeth, Amravati, filed a writ petition seeking a declaration that the reservation of their lands for playground and recreational activities under the development plan of Amravati city had lapsed. The development plan came into effect on 25.02.1993, reserving the lands for public utility. Since no acquisition proceedings were initiated within 10 years, the petitioners issued a purchase notice dated 21.04.2004 to the Municipal Corporation of Amravati under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, requesting acquisition within six months. The Planning Authority failed to take any steps within that period. The petitioners contended that the reservation lapsed by operation of law. The respondents argued that the notice was not served on the appropriate authority and that the reservation was still valid. The court examined Section 127 and found that the notice was served on the Municipal Commissioner, who is the Planning Authority. Since no steps were taken within six months, the reservation lapsed. The court allowed the petition, declaring the reservation lapsed and directing the Municipal Corporation to issue a revised plan deleting the reservation and to consider the petitioners' building plans within three months.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioners, owners of lands reserved for playground and recreational activities in the development plan of Amravati city which came into effect on 25.02.1993, issued a purchase notice dated 21.04.2004 to the Planning Authority under Section 127 of the MRTP Act, 1966, requesting acquisition within six months. The Planning Authority failed to take any steps within the stipulated period. Held that the reservation stood lapsed after expiry of six months from the date of service of the notice, and the lands are deemed to be released from reservation. The court directed the Municipal Corporation to issue a revised sanctioned plan deleting the reservation and to consider the petitioners' building plans in accordance with law. (Paras 3-8)
Issue of Consideration
Whether the reservation of the petitioners' lands for playground and recreational activities lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to the Planning Authority's failure to acquire the land within 10 years from the date of the development plan and within six months of the purchase notice.
Final Decision
The court allowed the writ petition, declaring that the reservation of the petitioners' lands for playground and recreational activities lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The court directed the Municipal Corporation of Amravati to issue a revised sanctioned plan deleting the reservation and to consider the petitioners' building plans in accordance with law within three months.
Law Points
- Section 127 of Maharashtra Regional and Town Planning Act
- 1966
- lapsing of reservation
- purchase notice
- de-reservation
- failure to acquire within stipulated period
Case Details
2006 LawText (BOM) (12) 105
Writ Petition No. 3174/2006
M. G. Bhangde (Senior Advocate for Petitioners), C. S. Kaptan (Advocate for Respondent Nos. 1 and 2), Mr. Agrawal (A.G.P. for Respondent No. 3)
Bhagyachandra s/o Ramrakshamal Khatri, Narayan s/o Bhagyachandra Khatri, Sundardas s/o Ramrakshaman Khatri, Kalabai Sunderdas Khatri
Municipal Corporation of Amravati, The Assistant Director, Town Planning, Municipal Corporation, Amravati, The State of Maharashtra
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Nature of Litigation
Writ petition seeking declaration that reservation of land for public utility lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Remedy Sought
Petitioners sought a declaration that the reservation of their lands for playground and recreational activities lapsed and that they are entitled to use the lands as per the permissible user under the development plan.
Filing Reason
The Planning Authority failed to acquire the petitioners' lands within 10 years from the date of the development plan and within six months of the purchase notice issued under Section 127 of the MRTP Act, 1966.
Issues
Whether the reservation of the petitioners' lands lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to non-acquisition within 10 years and failure to act on the purchase notice.
Submissions/Arguments
Petitioners argued that the development plan came into effect on 25.02.1993, reserving the lands for playground and recreational activities. No acquisition proceedings were initiated within 10 years. They issued a purchase notice dated 21.04.2004 under Section 127, served on the Municipal Commissioner. The Planning Authority failed to take any steps within six months, so the reservation lapsed.
Respondents contended that the notice was not served on the appropriate authority and that the reservation was still valid.
Ratio Decidendi
Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if land reserved for a public purpose in a development plan is not acquired within 10 years from the date of the plan, the owner may serve a purchase notice on the Planning Authority. If the Authority fails to take steps to acquire the land within six months from the date of service of the notice, the reservation lapses and the land is deemed to be released from reservation.
Judgment Excerpts
In the present case, following facts are not disputed:- (i) The petitioners are owners of lands bearing plot Nos. 1/35, 1/36, 1/37 and 1/38 admeasuring 4800 sq. ft, 4800 sq. ft., 4280 sq. ft. and 4800 sq.ft. Respectively, situated at Rajapeth, Amravati.
the lands in question, were reserved for playground and recreational activities (public utility). However, within a period of 10 years, no proceedings were initiated and, therefore, in view of Section 127 of the Maharashtra Regional & Town Planning Act, 1966, the petitioners issued notice to the town planning Authority dated 21.04.2004, which was served on respondent No. 1.
the Planning Authority failed to take any steps in this regard within a period of six months from the date of service of the said notice and, therefore, the reservation stood lapsed after expiry of the said period.
Procedural History
The petitioners filed Writ Petition No. 3174/2006 before the Bombay High Court, Nagpur Bench, seeking a declaration that the reservation of their lands lapsed under Section 127 of the MRTP Act, 1966. The court heard the matter on 18.12.2006 and allowed the petition.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127
