Case Note & Summary
The petitioners, owners of survey No. 661/A and 661/B within Ichalkaranji Municipal Council, challenged the continued reservation of their lands under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The development plan for Ichalkaranji city came into force on 7.5.1999, reserving the lands for dispensary, library, shopping centre/vegetable market and garden. Despite the lapse of over 10 years, the respondents did not acquire the lands nor initiate any acquisition proceedings. The petitioners issued a purchase notice under Section 127 of the MRTP Act on 30.10.2012, which was received by the authorities. The petitioners sought a declaration that the reservations had lapsed by operation of law and that they were entitled to use the lands as freehold. The court considered the provisions of Section 127, which states that if land reserved for a public purpose is not acquired within 10 years from the date of the development plan coming into force, the owner may serve a notice requiring the authority to acquire the land; if no acquisition is made within 12 months from the date of notice, the reservation lapses. The court held that the 10-year period commenced from 7.5.1999 and expired on 6.5.2009. Since no acquisition or steps were taken within that period, the petitioners were entitled to serve the purchase notice. The court rejected the respondents' argument that the notice must be decided before lapsing, clarifying that Section 127 is a deeming provision and the reservation lapses automatically upon expiry of the 12-month period from the notice. The court allowed the petition, declaring that the reservations have lapsed and the petitioners are free to use the lands as freehold.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - Petitioners' lands reserved for dispensary, library, shopping centre/vegetable market and garden under development plan effective from 7.5.1999 - No acquisition within 10 years - Purchase notice issued on 30.10.2012 - Held that reservation lapses automatically after expiry of 10 years from commencement of plan if no acquisition or steps taken, and purchase notice is not required to be decided before lapsing (Paras 2-8).
Issue of Consideration
Whether the reservation on the petitioners' lands has lapsed under Section 127 of the MRTP Act due to non-acquisition within 10 years from the date of the development plan coming into force.
Final Decision
The court allowed the petition, declaring that the reservations on survey No. 661/A and 661/B have lapsed and the petitioners are entitled to use the lands as freehold lands.
Law Points
- Reservation lapses if land not acquired within 10 years from commencement of development plan
- Purchase notice under Section 127 MRTP Act triggers lapsing
- No need to wait for final decision on purchase notice
- Section 127 is a deeming provision
Case Details
2015 LawText (BOM) (08) 187
Writ Petition No. 2014 of 2014
Naresh H. Patil, S.B. Shukre
Mr. S. G. Karandikar a/w Mr. P.M. Arjunwadkar for Petitioners; Mr. Vikas Mali, A.G.P., for Respondents 1 to 4; Mr. Akshay P. Shinde for Respondent no. 5
Shoukat Allabaksh Bagwan (since deceased) through heirs and legal representatives: Smt. Shahanaj Shoukat Bagwan, Shri Arish Shoukat Bagwan, Shri Kaish Shoukat Bagwan, Sau. Anjum Javed Tamboli, and others
The State of Maharashtra through Principal Secretary, Urban Development Department; The Deputy Director (Town Planning); The Assistant Director (Town Planning); The Collector, Kolhapur; The Chief Officer, Ichalkaranji Municipal Council
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Nature of Litigation
Writ petition seeking declaration that land reservations have lapsed under Section 127 of MRTP Act.
Remedy Sought
Declaration that reservations on lands survey No. 661/A and 661/B have lapsed and petitioners are entitled to use lands as freehold.
Filing Reason
Non-acquisition of reserved lands within 10 years from commencement of development plan and failure to act on purchase notice.
Issues
Whether the reservation on the petitioners' lands has lapsed under Section 127 of the MRTP Act due to non-acquisition within 10 years from the date of the development plan coming into force.
Submissions/Arguments
Petitioners: Lands reserved since 7.5.1999, no acquisition within 10 years, purchase notice issued on 30.10.2012, reservation lapsed.
Respondents: Purchase notice not decided, no lapsing until decision.
Ratio Decidendi
Under Section 127 of the MRTP Act, if land reserved for a public purpose is not acquired within 10 years from the date of the development plan coming into force, the owner may serve a purchase notice. If no acquisition is made within 12 months from the date of notice, the reservation lapses automatically by operation of law. The authority's failure to decide the notice does not prevent lapsing.
Judgment Excerpts
By this writ petition, the petitioners have sought a declaration that the reservations made over their two lands under the provisions of the Maharashtra Regional and Town Planning Act, 1966 have lapsed by operation of law and the petitioners are entitled to utilize the lands as free hold lands.
The petitioners have submitted that for a period of 10 years after coming into force of the development plan providing for reservation, the lands were not acquired nor any steps were initiated for acquisition of the lands.
Therefore, the petitioners issued a purchase notice dated 30.10.2012 as per Section 127 of the MRTP Act to the respondents-authorities, which was duly received by them.
Procedural History
Petitioners filed writ petition in Bombay High Court seeking declaration of lapsing of reservation. Rule was issued and made returnable forthwith, and the petition was heard finally.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 127
