Case Note & Summary
The petitioners, owners of land Gat No.370, Hissa No.1 at Pen, Raigad, filed a writ petition seeking release of their land from reservation No.7 (Garden) under the development plan that came into force on 3rd March 1989. They issued a notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 on 2nd February 2009 to the Pen Municipal Council (respondent No.3), which was received. Despite the notice, no steps were taken for acquisition. The petitioners also sent a reminder to the State on 11th March 2010. The respondents argued that the notice was not in compliance with Section 127. The court examined the notice and found that it substantially complied with the requirements, as it identified the land and expressed the petitioners' willingness to sell. Since the authorities failed to take action within the statutory period, the court held that the reservation lapsed. The court directed the State to issue a notification under Section 127(2) within three months, failing which the land would be deemed released from reservation.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioners issued a notice under Section 127 on 2nd February 2009 to the municipal council, which was received, but no action was taken for acquisition. The court held that the notice substantially complied with the requirements and the reservation lapsed due to inaction. (Paras 2-6) B) Town Planning - Validity of Notice - Section 127 of MRTP Act, 1966 - The respondent council contended that the notice was not in proper form, but the court found that the notice clearly indicated the land and the petitioners' intention to sell, and the authorities had sufficient opportunity to act. (Paras 3-5) C) Town Planning - Lapsing of Reservation - Section 127 of MRTP Act, 1966 - The court directed the State to issue a notification under Section 127(2) within three months, failing which the reservation would lapse and the land would be released. (Para 6)
Issue of Consideration
Whether the notice issued under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 was valid and whether the reservation of the petitioners' land lapsed due to failure of the respondents to take steps for acquisition within the statutory period.
Final Decision
The writ petition is allowed. The State is directed to issue a notification under Section 127(2) of the MRTP Act within three months from the date of the judgment. If no notification is issued within that period, the reservation shall stand lapsed and the land shall be released from reservation.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Notice under Section 127
- Compliance with statutory requirements
- Inaction by planning authority
- Purchase notice
