Case Note & Summary
The petitioner, an agriculturist aged 77, is a joint owner of agricultural land Gat No. 933 (Old Survey No. 212/1) admeasuring 15R. In 1981, respondent No.2 (Municipal Council, Faizpur) clamped a reservation on Survey No. 205 for creation of a library. However, the map drawing the reservation wrongly showed Survey No. 212, which belongs to the petitioner. The petitioner obtained the reservation chart under the Right to Information Act, which confirmed that the reservation was on Survey No. 205, not 212. The petitioner made an application on 06/10/1990 to respondent No.2, stating that no steps had been taken for acquisition of his land and seeking either compensation or cancellation of the reservation. Respondent No.2 passed a resolution on 13/02/1991 deciding that the petitioner's land was not necessary for the reservation. Despite this, the petitioner issued a legal notice on 03/04/1999 calling upon the respondents to free his land from the alleged reservation. The respondents did not take any action. The court considered whether the reservation on the petitioner's land was valid. The court noted that the reservation chart clearly indicated Survey No. 205, and the map erroneously showed Survey No. 212. The court held that the reservation cannot be enforced against the petitioner's land due to the mapping error and the fact that no acquisition proceedings were initiated for over 30 years. The court allowed the writ petition, quashing the reservation on the petitioner's land and directing the respondents to remove the reservation from the map.
Headnote
A) Land Acquisition - Reservation - Mapping Error - The reservation of land for a library was clamped on Survey No. 205, but the map erroneously showed Survey No. 212 belonging to the petitioner. The court held that the reservation cannot be enforced against the petitioner's land due to the mapping error and non-acquisition for decades (Paras 3-6). B) Land Acquisition - Delay - Non-Acquisition - The petitioner's land was reserved since 1981, but no acquisition proceedings were initiated. The court held that the reservation lapses due to inordinate delay and non-action by the municipal council (Paras 4-6).
Issue of Consideration
Whether the reservation of the petitioner's land (Survey No. 212) for a library is valid when the reservation chart shows Survey No. 205 and the land has not been acquired for over 30 years.
Final Decision
The writ petition is allowed. The reservation on the petitioner's land (Gat No. 933, Old Survey No. 212/1) is quashed. The respondents are directed to remove the reservation from the map and take consequential steps.
Law Points
- Reservation of land for public purpose must be based on correct survey numbers
- Non-acquisition of reserved land for decades renders reservation invalid
- Right to Information Act can be used to obtain reservation charts
