Case Note & Summary
The petitioner, M/s. Motiwala Land Agencies, owned a piece of land in Aurangabad which was reserved for a public purpose (garden) in the Development Plan under the Maharashtra Regional and Town Planning Act, 1966. The reservation was not acquired within the statutory period of 10 years, and thus lapsed under Section 127 of the Act. Subsequently, the Municipal Corporation, Aurangabad, included the same property again in a new Development Plan with the same reservation. The petitioner challenged this re-inclusion by filing a writ petition. The court considered the question whether the Municipal Corporation can re-reserve the same property after the earlier reservation had lapsed. The petitioner argued that once the reservation lapses, the landowner gets a statutory right to use the property, and the Corporation cannot re-reserve it. The respondents contended that the Corporation has the power to include the property in a new plan. The court analyzed Section 127 of the MRTP Act and held that the purpose of the section is to ensure that reservations are implemented within a reasonable time; if not, the landowner is freed from the reservation. Re-inclusion of the same property would defeat the statutory right and the object of the Act. The court allowed the petition and quashed the re-inclusion of the property in the Development Plan.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Re-inclusion of Property - The Municipal Corporation cannot reinclude the same property in a Development Plan after the reservation under an earlier Plan has lapsed under Section 127 of the Act. The statutory right of the landowner to use the property after lapse cannot be defeated by re-reservation. (Paras 1-10) B) Town Planning - Acquisition - Failure to Acquire - Section 127 of MRTP Act - Consequence - If the acquiring authority fails to acquire the reserved property within the period prescribed under Section 127, the reservation lapses and the landowner is free to use the property as before. (Paras 5-10)
Issue of Consideration
Whether the Municipal Corporation can reinclude the same property in a Development Plan regarding which reservation of an earlier Plan lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the writ petition and quashed the re-inclusion of the petitioner's property in the Development Plan by the Municipal Corporation.
Law Points
- Reservation lapses under Section 127 of MRTP Act
- 1966 if not acquired within 10 years
- Re-inclusion of same property in new Development Plan is impermissible
- Statutory right of landowner to use property after lapse cannot be defeated by re-reservation
