Case Note & Summary
The petitioner, Vikramsinh Jaysingrao Ghatge, owned land bearing R.S.No.247/2/1 admeasuring 3 hectares at Kagal, District Kolhapur. The Government of Maharashtra sanctioned a revised development plan for Kagal Municipal Council under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) in 1986. In this plan, the petitioner's land was reserved for two purposes: reservation no.8 for extension of Maharashtra State Electricity Board (MSEB) and reservation no.9 for a primary school and playground. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash these reservations and to be permitted to develop the land. The core legal issue was whether the reservations had lapsed under Section 127 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within 10 years from the date of the plan's sanction, the reservation ceases to operate and the land is deemed to be de-reserved. The petitioner argued that more than 10 years had passed since the 1986 plan was sanctioned and no acquisition proceedings had been initiated. The respondents, including the Municipal Council and the State, did not dispute the factual position but contended that the plan was revised later. The court, after hearing arguments, held that the statutory period of 10 years had expired without any acquisition, and therefore the reservations had lapsed. The court allowed the petition, quashing the reservations and directing the respondents to permit the petitioner to develop the land in accordance with law. The judgment was pronounced on 6 October 2014 by a division bench of Justices A.S. Oka and G.S. Kulkarni.
Headnote
A) Town Planning - Reservation Lapse - Section 127 MRTP Act, 1966 - Land reserved for public purposes in development plan - If not acquired within 10 years from date of plan sanction, reservation lapses and land is deemed de-reserved - Petitioner's land reserved in 1986 plan for MSEB extension and school/playground - No acquisition proceedings initiated within 10 years - Held that reservation has lapsed and petitioner is entitled to develop land (Paras 1-10).
Issue of Consideration
Whether the reservation of the petitioner's land in the development plan of Kagal Municipal Council for the purposes of extension of MSEB and for a primary school and playground has lapsed due to non-acquisition within the statutory period under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the writ petition, quashing reservation nos.8 and 9 in the development plan of Kagal Municipal Council in respect of the petitioner's land. The respondents were directed to permit the petitioner to develop the land in accordance with law.
Law Points
- Reservation of land in development plan lapses if not acquired within 10 years
- Section 127 of MRTP Act
- 1966
- De-reservation upon expiry of period
- Writ jurisdiction under Article 226
