Case Note & Summary
The petitioner, Balkrishna Jagannath Lad, owned land bearing survey No. 103/12/1D/1A at Pandharpur within the limits of Pandharpur Municipal Council. The land was reserved with effect from 3.3.1979 under reserved site No. 84 for the purpose of postal department staff quarters. The respondent no. 3 initiated acquisition proceedings on 18.6.1991 and a notification under Section 6 of the Land Acquisition Act, 1894 was issued. However, the proceedings could not be completed within two years, resulting in lapsing under Section 11A of the Land Acquisition Act, 1894. Since the respondents did not acquire the land for almost 23 years, the petitioner issued a notice on 10.12.2002 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), calling upon the respondents to acquire the land within six months. The notice was duly received, but no acquisition or steps were taken. The petitioner contended that by operation of law, the reservation on the land had lapsed, making it free hold property. The court considered the provisions of Section 127 of the MRTP Act, which provides that if within six months from the date of notice the land is not acquired or no steps are taken, the reservation shall be deemed to have lapsed. The court found that the notice was validly served and the respondents failed to act. The court held that the reservation on the land had lapsed and directed the respondents to treat the land as free from reservation. The writ petition was allowed with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Land Acquisition - The petitioner's land was reserved for postal staff quarters since 1979. Acquisition proceedings lapsed under Section 11A of Land Acquisition Act, 1894. Petitioner issued notice under Section 127 MRTP Act in 2002, but no acquisition followed. Held that reservation lapses and land becomes free from reservation, directing respondents to treat land as free from reservation. (Paras 2-6)
Issue of Consideration
Whether the reservation on the petitioner's land has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 due to non-acquisition within the statutory period after notice.
Final Decision
Writ petition allowed. Respondents directed to treat the petitioner's land as free from reservation. Rule made absolute. No order as to costs.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Land acquisition under Land Acquisition Act
- 1894
- Section 11A lapsing
- Notice under Section 127 MRTP Act
- Free hold property upon lapsing
Case Details
2015 LawText (BOM) (08) 186
Writ Petition No. 1524 of 2013
Naresh H. Patil, S.B. Shukre
Mr. A.P. Kulkarni a/w Mr. Manoj Badgujar for Petitioner, Mr. Kapadnis a/w Mr. P.S. Gujar for Respondents 1 & 2, Mr. U.R. Mankapure Adv. i/b Mr. S.S. Aradhye for Respondent 3, Mr. N.D. Sharma for Respondent 7, Mr. P.P. Kakade, A.G.P. for Respondent/State, Ms. Naseem Patriwala i/b M/s Pravin Mehta & Methi & Co. for Respondent 2
Indian Postal Department, Superintendent of Post Office, Pandharpur Municipal Council, Sub Divisional Office Pandharpur and Special Land Acquisition Officer, District Collector Solapur, State of Maharashtra, B.S.N.L.
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Nature of Litigation
Writ petition seeking direction to treat land as free from reservation due to lapsing under MRTP Act.
Remedy Sought
Direction to respondents to treat petitioner's land as free from reservation.
Filing Reason
Respondents failed to acquire land within six months of notice under Section 127 MRTP Act.
Previous Decisions
Acquisition proceedings lapsed under Section 11A of Land Acquisition Act, 1894.
Issues
Whether the reservation on the petitioner's land has lapsed under Section 127 of MRTP Act?
Submissions/Arguments
Petitioner: Land reserved since 1979, acquisition lapsed under Section 11A, notice under Section 127 served in 2002, no acquisition within six months, hence reservation lapsed.
Respondents: No specific arguments recorded in judgment.
Ratio Decidendi
Under Section 127 of MRTP Act, if within six months from the date of notice the land is not acquired or no steps are taken, the reservation shall be deemed to have lapsed, and the land becomes free from reservation.
Judgment Excerpts
By this writ petition, the petitioner is seeking a direction to the respondents-authorities to treat his land as being free from the reservation following lapsing of the reservation under the provisions of the Maharashtra Regional and Town Planning Act, 1966.
The petitioner through his advocate issued a notice on 10.12.2002 as per the provisions of Section 127 of M.R.T.P. Act calling upon the respondents to acquire the land within six months from the receipt of the notice.
Neither the land was acquired nor any steps for its acquisition were initiated. Therefore, it is the contention of the petitioner that by operation of law, the reservation on the subject land has come to an end and has been lapsed resulting into the land becoming a free hold property.
Procedural History
Petitioner filed writ petition in 2013 after notice under Section 127 MRTP Act in 2002 and no acquisition. Judgment reserved on 06.08.2015 and pronounced on 21.08.2015.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127
- Land Acquisition Act, 1894: 6, 11A
