Case Note & Summary
The petitioner, Rajendra Rameshwardas Gindodiya, owned land Survey No.569/1 admeasuring 2 hectares and 12 ares in Dhule, which was ancestral property. The first development plan for Dhule came into effect on 18.6.1958, reserving part of the land for a garden and a 100-foot wide ring road. Despite the reservation, no garden was developed and the ring road was constructed on adjoining land, not the petitioner's. The second development plan in 1983 continued the same reservation without any acquisition or development. The petitioner applied for non-agricultural conversion but was not allowed to develop the land. In 1991, the Municipal Council resolved to construct the road but it did not touch the petitioner's land. The petitioner issued a notice under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) on 10.2.2003, calling upon the respondents to acquire the land or commence proceedings within six months, failing which the reservation would lapse. The respondents did not respond. The petitioner then filed this writ petition seeking a declaration that the reservation lapsed and the land is deemed released. The court, after hearing arguments, held that the respondents failed to take any steps within the statutory period, and therefore the reservation lapsed and the land is deemed released from reservation. The petition was allowed with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 MRTP Act - Deemed Release - Land reserved for garden and ring road since 1958 not acquired despite notice under Section 127 - Court held that the reservation lapses and land is deemed released as the authority failed to acquire or commence proceedings within six months of notice (Paras 1-10).
Issue of Consideration
Whether the petitioner's land reserved for garden and ring road under the development plan is deemed to be released from reservation due to non-acquisition within the statutory period under Section 127 of the MRTP Act.
Final Decision
The petition is allowed. The reservation of the petitioner's land Survey No.569/1 admeasuring 2 Hectares and 12 Ares situated at Dhule for the purposes of garden and ring road is deemed to have lapsed and the land is deemed to be released from such reservation. Rule made absolute. No order as to costs.
Law Points
- Section 127 MRTP Act
- lapsing of reservation
- deemed release
- non-acquisition
- development plan
- notice period
Case Details
2014 LawText (BOM) (02) 12
WRIT PETITION NO. 5619 OF 2003
S.C. Dharmadhikari, Ravindra V. Ghuge
Petitioner: Shri S.P.Shah, Respondents 1,2 & 4: Smt. A.V.Gondhalekar Addl. GP, Respondent 3: Shri N.N.Desale
Shri Rajendra Rameshwardas Gindodiya
State of Maharashtra, The Collector Dhule, Chief Officer Municipal Council Dhule, Director Town Planning Maharashtra State, Deputy Director Town Planning Nasik Region, Town Planner Municipal Corporation Dhule
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Nature of Litigation
Writ petition seeking declaration that land reservation lapsed and land deemed released under Section 127 MRTP Act.
Remedy Sought
Petitioner sought a declaration that the reservation of his land for garden and ring road lapsed and the land is deemed released from reservation.
Filing Reason
Respondents failed to acquire the land or commence acquisition proceedings within six months of the petitioner's notice under Section 127 MRTP Act.
Previous Decisions
No previous decisions mentioned.
Issues
Whether the reservation of the petitioner's land for garden and ring road lapsed under Section 127 MRTP Act due to non-acquisition within the statutory period.
Submissions/Arguments
Petitioner argued that the land was reserved since 1958, no acquisition or development occurred, and despite notice under Section 127, respondents failed to act within six months, hence reservation lapsed.
Respondents argued that the notice period was only six months and they had not taken steps, but did not provide substantial opposition.
Ratio Decidendi
Under Section 127 of the MRTP Act, if land reserved in a development plan is not acquired or acquisition proceedings not commenced within ten years from the date the plan comes into force, the owner may serve notice. If within six months (now twelve months) from notice the land is not acquired or steps not commenced, the reservation lapses and land is deemed released. In this case, the respondents failed to act within the statutory period, hence the reservation lapsed.
Judgment Excerpts
Section 127 of the MRTP Act, as it stood then, reads as under:- ... if within six months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced, the reservation, allotment or designation shall be deemed to have lapsed.
The respondents have not taken any steps to acquire the land or commence acquisition proceedings within six months of the notice. Hence, the reservation lapses.
Procedural History
Petitioner issued notice under Section 127 MRTP Act on 10.2.2003. Respondents did not respond. Petitioner filed Writ Petition No. 5619 of 2003 in Bombay High Court. Heard on 10.2.2014, judgment pronounced on 25.2.2014.
Acts & Sections
- Maharashtra Regional Town Planning Act, 1966: 127
