Case Note & Summary
The petitioner, Niyojit Siddhivinayak Gruhnirman Sanstha, a housing society through its chairman, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Circuit Bench at Kolhapur. The petitioner sought a declaration that the reservation of its land, admeasuring 1-H 44-Areas out of total 2-H 64-Areas, situated at Survey No. 13/103 at Marjewadi, Solapur, for a burial ground had lapsed. The land was reserved in the development plan under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The petitioner contended that more than 10 years had elapsed since the reservation came into effect, and the respondent authorities, namely the State of Maharashtra and the Solapur Municipal Corporation, had failed to acquire the land or initiate any acquisition proceedings within the statutory period. The petitioner relied on Section 50 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within 10 years, the reservation ceases to have effect. The respondents did not dispute the factual position. The court, after hearing the parties, held that the reservation had indeed lapsed due to non-acquisition within the prescribed period. The court allowed the petition, declaring that the reservation of the petitioner's land for burial ground had ceased to have effect. The court directed the respondents to take necessary steps to modify the development plan in accordance with the provisions of the MRTP Act. The judgment was delivered by a division bench comprising Justice M.S. Karnik and Justice Ajit B. Kadethankar on 25th November 2025.
Headnote
A) Town Planning - Reservation Lapse - Section 50 of Maharashtra Regional and Town Planning Act, 1966 - Failure to acquire reserved land within 10 years from the date of reservation - The petitioner's land was reserved for a burial ground in the development plan; the respondent municipal corporation did not initiate acquisition proceedings within the statutory period - Held that the reservation has lapsed and the petitioner is entitled to a declaration that the land is free from reservation, with a direction to the respondents to take steps to modify the development plan accordingly (Paras 1-12).
Issue of Consideration
Whether the reservation of the petitioner's land for a burial ground under the Maharashtra Regional and Town Planning Act, 1966 has lapsed due to non-acquisition within the statutory period of 10 years, and whether the petitioner is entitled to a declaration to that effect and a direction to the respondents to modify the development plan.
Final Decision
The court allowed the writ petition, declaring that the reservation of the petitioner's land for burial ground (Reservation Site No. 13/103) has ceased to have effect. The respondents were directed to take necessary steps to modify the development plan in accordance with the provisions of the MRTP Act, 1966. Rule made absolute.
Law Points
- Reservation lapses if not acquired within 10 years
- Section 50 MRTP Act
- 1966
- De-reservation
- Writ jurisdiction under Article 226
- Mandamus to modify development plan
