Case Note & Summary
The petitioners, landowners of Survey Nos. 405/1, 406/2, 407/2, 410/2 and 411 of Mouza Gondia (Bk), challenged the reservation No. S169 in the Final Development Plan of Gondia Town, which reserved their lands for a shopping complex and vegetable market. The Final Development Plan was published on 24.08.1984 under Section 31 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The petitioners sought a declaration that the reservation had lapsed and that they were free to use the land as per the adjacent user. The court noted that no acquisition proceedings had been initiated within the prescribed period of 10 years from the date of the plan. Relying on Section 127 of the MRTP Act, the court held that the reservation had lapsed and the landowners were entitled to use the land in accordance with the adjacent user. The court allowed the petition, setting aside the reservation and declaring that the petitioners could develop the land as per the adjacent user.
Headnote
A) Town Planning - Reservation Lapse - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Land reserved for shopping complex and vegetable market in Final Development Plan published on 24.08.1984 - No acquisition proceedings initiated within 10 years - Held that reservation lapses and landowners are entitled to use land as per adjacent user (Paras 3-5).
Issue of Consideration
Whether the reservation of land for a shopping complex and vegetable market under the Final Development Plan has lapsed due to non-acquisition within the prescribed period, and whether the landowners are entitled to use the land as per the adjacent user.
Final Decision
The court allowed the petition, setting aside the reservation No. S169 and declaring that the petitioners are entitled to use the land as per the adjacent user.
Law Points
- Reservation lapse after 10 years
- Section 127 MRTP Act
- deemed lapse
- right to use land as per adjacent user
- failure to acquire within prescribed period
Case Details
2015 LawText (BOM) (03) 133
Writ Petition No. 4724 of 2013
B. P. Dharmadhikari, A.P. Bhangale
Mr. A.A. Naik for Petitioners, Mr. A.S. Fulzele for Respondent Nos. 1 to 3, Mr. A. Parihar for Respondent No.4
Mohandas s/o Sadhuram Tahiliani and others
State of Maharashtra and others
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Nature of Litigation
Writ petition challenging reservation of land in Final Development Plan
Remedy Sought
Setting aside reservation No. S169 and declaration that petitioners are free to use land as per adjacent user
Filing Reason
Non-acquisition of land within prescribed period under MRTP Act
Issues
Whether the reservation of land for shopping complex and vegetable market has lapsed due to non-acquisition within 10 years from the date of Final Development Plan?
Whether the landowners are entitled to use the land as per the adjacent user after lapse of reservation?
Submissions/Arguments
Petitioners argued that no acquisition proceedings were initiated within 10 years from publication of Final Development Plan on 24.08.1984, hence reservation lapsed under Section 127 of MRTP Act.
Respondents did not contest the lapse but argued that the land should be used as per the adjacent user.
Ratio Decidendi
Under Section 127 of the MRTP Act, if land reserved in a final development plan is not acquired within 10 years from the date of the plan, the reservation lapses and the landowner is entitled to use the land as per the adjacent user.
Judgment Excerpts
Final development plan under Section 31 of the Maharashtra Regional and Town Planning Act, 1966 for Gondia Municipal Town was published on 24.08.1984, and in it, the lands of petitioners were reserved for shopping complex and vegetable market.
In the present matter, the reservation has lapsed and the petitioners are entitled to use the land as per the adjacent user.
Procedural History
The Final Development Plan was published on 24.08.1984. No acquisition proceedings were initiated within 10 years. The petitioners filed Writ Petition No. 4724 of 2013 in the Bombay High Court, Nagpur Bench, challenging the reservation. The court heard the matter and reserved judgment on 18.02.2015, pronouncing it on 30.03.2015.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 31, Section 127
