Case Note & Summary
The petitioner, Mrs. Meena Mohanlal Chauhan, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation of her land (Survey No. 299/3/1 (P), admeasuring 6937.60 sq. meters at Ambad Khurd, Nashik) for a public garden had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The land was reserved in the development plan sanctioned on 28.6.1993 and brought into force on 16.11.1993. The petitioner purchased the land by registered sale deed dated 28.6.2006 from Shri Gangadhar Gopal More, and her name was mutated in revenue records on 6.10.2006. Prior to the sale, the previous owner had issued a purchase notice dated 10.2.2005 under Section 127 of the MRTP Act, received by the Nashik Municipal Corporation (respondent no.1) on 15.2.2005, calling upon the corporation to acquire the land within six months. The corporation failed to initiate any acquisition proceedings within the statutory period. The petitioner contended that the reservation stood deemed lapsed and she was entitled to develop the land as per adjacent permissible use. The respondents opposed, arguing that the purchase notice was issued by the previous owner and did not bind the petitioner. The court analyzed Section 127 of the MRTP Act, which provides that if within six months from the date of receipt of a purchase notice no steps for acquisition are taken, the reservation lapses. The court held that the purchase notice issued by the previous owner is binding on the successor in interest, and the petitioner, having purchased the land after the notice, is entitled to the benefit of the deemed lapsing. The court allowed the petition, issuing a writ of mandamus directing the respondents to treat the reservation as lapsed and permit the petitioner to develop the land in accordance with the development plan for adjacent lands.
Headnote
A) Town Planning - Deemed Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioner's land was reserved for a garden in the development plan sanctioned in 1993. The previous owner issued a purchase notice under Section 127 on 10.2.2005, received on 15.2.2005. The planning authority failed to initiate acquisition within six months. The Court held that the reservation is deemed to have lapsed and the petitioner, as successor in interest, is entitled to develop the land as per adjacent permissible use. (Paras 1-6) B) Town Planning - Successor in Interest - Binding Effect of Purchase Notice - Section 127 of MRTP Act - The purchase notice issued by the previous owner binds the subsequent purchaser. The Court held that the benefit of deemed lapsing enures to the petitioner who purchased the land after the notice. (Paras 3-6) C) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - The Court issued a writ of mandamus directing the respondents to treat the reservation as lapsed and allow the petitioner to develop the land in accordance with the development plan. (Paras 2, 6)
Issue of Consideration
Whether the reservation of land for a public purpose (garden) under the Maharashtra Regional and Town Planning Act, 1966 is deemed to have lapsed when the planning authority failed to acquire the land within the statutory period after a purchase notice was issued by the previous owner, and whether the petitioner, as subsequent purchaser, is entitled to the benefit of such lapsing.
Final Decision
The Court allowed the writ petition, issuing a writ of mandamus directing the respondents to treat the reservation of the land as lapsed and permit the petitioner to develop the land in accordance with the development plan for adjacent lands.
Law Points
- Deemed lapsing of reservation under Section 127 of MRTP Act
- Purchase notice by previous owner binds successor
- Mandamus for declaration of lapsing
- Development plan reservation for garden
