Bombay High Court Adjudicates Petitions on Withdrawal of Land Acquisition and Lapsing of Reservation under Maharashtra Regional and Town Planning Act, 1966. The Court considered whether the reservation for a secondary school on CTS No.398, Tardeo, lapsed due to alleged non-compliance with acquisition timelines and the validity of the State Government's withdrawal of acquisition proceedings under the Land Acquisition Act, 1894.

Writ Petitions under Article 226 of the Constitution of India challenging withdrawal of land acquisition proceedings and seeking declaration that reservation of land for a secondary school had lapsed under the Maharashtra Regional and Town Planning Act, 1966.

In WP No.2315 of 2008, MAEER sought quashing of the order dated 14 August 2008 and notification dated 12 September 2008 withdrawing acquisition, and a mandamus to initiate acquisition based on Government Resolution dated 24 August 2004. In WP No.892 of 2013, the original owner's successors and purchaser sought a declaration that the reservation had lapsed and that the land be available for development as otherwise permissible.

The State Government withdrew the acquisition proceedings which were initiated on the basis of a purchase notice under Section 49 of MRTP Act and a subsequent Government Resolution in favour of MAEER, citing the purchaser's willingness to develop the land. MAEER challenged this withdrawal. The original owner's successors filed a petition claiming the reservation had lapsed due to the Planning Authority's alleged failure to submit a valid acquisition proposal within time.

Writ Petition No.2315 of 2008 was rejected by a Division Bench of the Bombay High Court on 21 April 2009. The Supreme Court remanded the matter on 11 September 2012. The Upa Lokayukta had earlier recommended on 16 December 2002 that the reservation had lapsed, but the State Government contested this and the matter was placed before the Governor.

Whether the reservation for secondary school on CTS No.398, Tardeo, lapsed under Section 49(7) of the MRTP Act due to failure to submit a valid acquisition proposal within the specified time. Whether the withdrawal of acquisition proceedings under Section 48(1) of the Land Acquisition Act, 1894 was valid and whether the cancellation of Government Resolution dated 24 August 2004 was proper. Whether the original owner's successors and subsequent purchaser had locus to challenge the acquisition and seek a declaration of lapsing.

the said land continues to be reserved for the public purpose of Secondary School. Clause 2 of the said advertisement reads thus: “2. Societies/Trusts/Parties interested in acquiring this plot at their cost may apply on plain paper to Secretary, School Education Department (Desk Officer, Shri R.N. Musale) on or before November 16, 2002 during office hours in a packet marked “Application for Development of School at Tardeo”. The interested parties will have to bear the full cost of land as determined by the competent authorities and also premium for F.S.I. In excess of 1.33 @ 2.5% of the land cost”. the Upa (Deputy) Lokayukta made a recommendation dated 16 th December 2002 holding that in view of the failure of the Appropriate Authority to submit a valid proposal for acquisition within the time specified under Subsection (7) of Section 49 of the MRTP Act, the reservation for the Secondary School has lapsed. the State Government through its Principal Secretary of the Urban Development Department responded by the letter dated 20 th January 2003 addressed to the Upa Lokayukta by pointing out that a proposal for the acquisition of the said land in accordance with Subsection (1) of Section 126 of the MRTP Act was submitted by the Planning Authority (the said Municipal Corporation) within the time specified by Subsection (7) of Section 49 of the MRTP Act and therefore, the reservation has not lapsed. a direction was issued to cancel the Government Resolution dated 24 th August 2004. On the basis of the said order, a Notification was issued on 12 th September 2008 by which the Government Resolution dated 24 th August 2004 was withdrawn and an order was purportedly made under Subsection (1) of Section 48 of the Land Acquisition Act for withdrawal of the acquisition in respect of the said land initiated on the basis of the Notification dated 25 th March 1996.

The land bearing CTS No.398 at Tardeo was reserved for a Secondary School in the 1967 and 1991 Development Plans. The original owner served a purchase notice under Section 49(1) of MRTP Act on 14-08-1993 which was confirmed on 21-02-1994. The Municipal Corporation applied for acquisition on 16-02-1995, and a notification under Section 126 and Section 6 of the Land Acquisition Act was issued on 25-03-1995. The Executive Engineer wrote on 24-06-1996 suggesting the School Education Department as appropriate authority. The School Education Department invited interested parties by advertisement on 10-10-2002; MAEER applied on 15-11-2002. The Upa Lokayukta recommended on 16-12-2002 that the reservation had lapsed; the State Government contested this on 20-01-2003. Government Resolution dated 24-08-2004 directed acquisition for MAEER; MAEER submitted a proposal on 21-09-2004 and joint measurements were conducted. The District Collector sought guidance on 04-12-2006 whether to continue the earlier acquisition. The original owner’s successors sold the land to Estelle Developers on 11-07-2007. Estelle wrote to the Chief Minister on 05-09-2007 seeking withdrawal. After a meeting on 08-07-2008, the Secretary of School Education passed an order on 14-08-2008 cancelling the 2004 GR and directing withdrawal; a notification under Section 48(1) was issued on 12-09-2008. MAEER filed WP No.2315 of 2008, which was rejected on 21-04-2009, but remanded by the Supreme Court on 11-09-2012. The original owner’s successors and Estelle filed WP No.892 of 2013. Both petitions were heard together on 15-04-2015 and judgment was pronounced on 10-07-2015.

• Maharashtra Regional and Town Planning Act, 1966: 49(1), 49(4), 49(7), 126(1), 126(2), 126(4)
• Land Acquisition Act, 1894: 6, 48(1)
• Maharashtra Lokayukta and Upa Lokayuktas Act, 1971: 12(1), 12(5)