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, Urban Development Department, sanctioned a revised development plan for Kagal Municipal Council under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). In this plan, the petitioner's land was reserved for extension of Maharashtra State Electricity Board (MSEB) and for a primary school and playground. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking to quash the reservations and to be permitted to develop the land. The main legal issue was whether the reservation had lapsed under Section 127 of the MRTP Act due to non-acquisition within the prescribed period. The court noted that the reservation was made in 1986 and the respondents had not acquired the land within ten years. The court held that the reservation had lapsed and the petitioner was entitled to use the land as per the permissible use in the zone. The court quashed the reservations and directed the respondents to permit the petitioner to develop the land in accordance with law.
Headnote
A) Town Planning - Reservation Lapse - Section 127 MRTP Act - Failure to acquire land within ten years from the date of reservation - The petitioner's land was reserved in the 1986 development plan for extension of MSEB and for a primary school and playground. The respondents did not acquire the land within ten years. The court held that the reservation had lapsed under Section 127 of the MRTP Act, and the petitioner was entitled to use the land as per the permissible use in the zone. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Article 226 - Quashing of reservation - The court exercised its writ jurisdiction to quash the reservation and direct the respondents to permit the petitioner to develop the land in accordance with law. (Paras 1-10)
Issue of Consideration
Whether the reservation of the petitioner's land in the development plan of Kagal Municipal Council for extension of MSEB and for a primary school and playground had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 due to non-acquisition within the prescribed period.
Final Decision
The court allowed the petition, quashed the reservations, and directed the respondents to permit the petitioner to develop the land in accordance with law.
Law Points
- Reservation lapses if not acquired within ten years
- Section 127 MRTP Act
- Development plan revision
- Statutory time limit
- Land acquisition
