Case Note & Summary
The petitioners, owners of a plot of land bearing Survey No.42/1+2/2/5 admeasuring 6796 sq. meters at Nashik, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus declaring that the reservation of their land for a vegetable market and shopping centre and parking had lapsed. The land was originally reserved under the sanctioned development plan of Nashik Deolali Municipality approved on 2.10.1972. In 1981, the municipality merged with Nashik Municipal Corporation. The petitioners contended that despite the lapse of several decades, the respondents had not acquired the land nor paid compensation, and therefore the reservation should be deemed to have lapsed under the provisions of the Maharashtra Regional and Town Planning Act, 1966. The respondents opposed the petition, arguing that the reservation was still valid. The court, after hearing the parties, allowed the petition, holding that the reservation had lapsed and the petitioners were entitled to develop the land as permissible under the development plan for adjacent lands.
Headnote
A) Town Planning - Deemed Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - The petitioners sought a declaration that the reservation of their land for public purposes had lapsed as the acquiring authority failed to acquire the land within a reasonable period - The Court held that the reservation is deemed to have lapsed and the petitioners are entitled to develop the land in accordance with the development plan (Paras 1-2).
Issue of Consideration
Whether the reservation of the petitioners' land for a vegetable market and shopping centre and parking is deemed to have lapsed under the Maharashtra Regional and Town Planning Act, 1966, and whether the petitioners are entitled to develop the land.
Final Decision
The court allowed the writ petition, declaring that the reservation of the petitioners' land for vegetable market and shopping centre and parking is deemed to have lapsed, and the petitioners are entitled to develop the land in accordance with the development plan as permissible for adjacent land.
Law Points
- Deemed lapse of reservation under Section 127 of MRTP Act
- 1966
- Right to develop land after lapse of reservation
- Mandamus for declaration of lapse
Case Details
2014 LawText (BOM) (09) 30
WRIT PETITION NO. 8534 OF 2009
Mr.R.D.Soni i/b M/s Ram & Co for Petitioners, Mr.M.L.Patil for Nashik Municipal Corporation, Mr.V.S.Gokhale AGP for State
Ms Madhoor Buildwell Pvt Ltd, Shri Pradeep Ratilal Patel, M/s Barkha Agriculturels Pvt.Ltd, M/s Rajvi Developers Pvt.Ltd
Nashik Municipal Corporation, The Commissioner Nashik Municipal Corporation, The Collector, Nashik, The State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution seeking a writ of mandamus declaring that the reservation of land for public purposes has lapsed and that the petitioners are entitled to develop the property.
Remedy Sought
Petitioners seek a declaration that the reservation of their land for vegetable market and shopping centre and parking is deemed to have lapsed, and that they are entitled to develop the land as permissible for adjacent land under the development plan.
Filing Reason
The petitioners' land was reserved for public purposes since 1972, but the respondents failed to acquire the land or pay compensation, leading to the filing of the petition for deemed lapse.
Issues
Whether the reservation of the petitioners' land for vegetable market and shopping centre and parking has lapsed under the MRTP Act.
Whether the petitioners are entitled to develop the land after the lapse of reservation.
Submissions/Arguments
Petitioners argued that the reservation was made in 1972 and despite the passage of several decades, the respondents have not acquired the land nor paid compensation, hence the reservation should be deemed to have lapsed.
Respondents opposed the petition, contending that the reservation is still valid and the land is required for public purpose.
Ratio Decidendi
Under the MRTP Act, if land reserved for public purposes is not acquired within a reasonable period, the reservation is deemed to have lapsed, and the owner is entitled to develop the land as per the development plan.
Judgment Excerpts
By this Writ petition filed under Article 226 of the Constitution of India the petitioners seek a Writ of mandamus against the respondents that the reservation of land for public purpose namely 'vegetable market and shopping centre' and 'parking' situated at Nashik is deemed to have lapsed and that the petitioners are entitled to develop the said property otherwise permissible in case of adjacent land under the development plan.
Procedural History
The writ petition was filed in 2009. Rule was issued and respondents waived service. By consent, the petition was taken up for final hearing. Reserved on 25.8.2014 and pronounced on 23.9.2014.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127
- Constitution of India: 226
