Case Note & Summary
The petitioners, four private limited companies, owned a plot of land bearing Survey No.42/1+2/2/5 admeasuring 7652 sq. meters at Nashik. The land was originally reserved for a primary school in the sanctioned development plan of Nashik Road Deolali Municipality approved on 2.10.1972, designated as reservation No.34. In 1981, the municipality merged with Nashik Municipal Corporation. Subsequently, in the revised development plan sanctioned on 30.9.1999, the reservation was changed to a high school and playground. The petitioners filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, as the respondents had failed to acquire the land within the prescribed period. The respondents argued that steps for acquisition were initiated but not completed. The court examined the provisions of Section 127, which provides that if land reserved for a public purpose is not acquired within ten years from the date of the final development plan, the reservation lapses and the land becomes available to the owner for development as per the adjacent permissible use. The court noted that the reservation was in place since 1972 and no acquisition proceedings were completed. The court held that the reservation had lapsed and directed the respondents to treat it as such, allowing the petitioners to develop the land as per the permissible use in the development plan. The writ petition was allowed with no order as to costs.
Headnote
A) Town Planning - Deemed Lapse of Reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - The petitioners sought a declaration that the reservation of their land for a high school and playground had lapsed as the acquiring authority failed to acquire the land within the prescribed period. The court held that since no steps for acquisition were taken within the period specified under Section 127, the reservation stood lapsed, and the petitioners were entitled to develop the land as per the permissible use in the development plan. (Paras 1-10) B) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - The court issued a writ of mandamus directing the respondents to treat the reservation as lapsed and to allow the petitioners to develop the land in accordance with the development plan. (Paras 2, 10)
Issue of Consideration
Whether the reservation of the petitioners' land for a high school and playground has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and whether the petitioners are entitled to develop the land as per the adjacent permissible use.
Final Decision
The court allowed the writ petition, declaring that the reservation of the petitioners' land for a high school and playground has lapsed. The respondents were directed to treat the reservation as lapsed and to allow the petitioners to develop the land in accordance with the permissible use in the development plan. No order as to costs.
Law Points
- Deemed lapse of reservation
- Section 127 MRTP Act
- failure to acquire within prescribed period
- right to develop land
