Case Note & Summary
The petitioners, owners of agricultural land bearing Gat No.87/1 at Mouza Digras, filed a writ petition seeking a declaration that the reservation of their land for D.P. Road and Social Welfare Department had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The land was reserved in the final development plan published on 01.08.1987. Since the land was not acquired within ten years, the petitioners served a purchase notice on 20.06.2001. No effective steps for acquisition were taken within six months. The petitioners objected to the re-reservation in the draft development plan published on 01.11.2008. The respondent no.2 passed a resolution on 25.03.2010 to delete the reservation for Social Welfare Department, but the State Government again reserved the land for the same purposes in the revised development plan dated 03.04.2012. The court considered the provisions of Section 127 and held that the reservation had lapsed due to non-acquisition within the prescribed period after the purchase notice. The court declared that the reservation had lapsed and the petitioners were entitled to use the land for purposes permissible for adjacent land under the development plan. The petition was allowed with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioners' land was reserved for D.P. Road and Social Welfare Department in the final development plan published on 01.08.1987. Since the land was not acquired within ten years, the petitioners served a purchase notice on 20.06.2001. No steps for acquisition were taken within six months. The court held that the reservation lapsed under Section 127(1) and the petitioners were entitled to use the land for purposes permissible for adjacent land. (Paras 2-5)
B) Town Planning - Revised Development Plan - Effect of Lapsed Reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - After the reservation lapsed, the State Government again reserved the same land in the revised development plan dated 03.04.2012. The court held that such re-reservation could not revive the lapsed reservation, and the petitioners were entitled to a declaration that the reservation had lapsed. (Paras 3-5)
Issue of Consideration
Whether the reservation of the petitioners' land under the development plan had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to non-acquisition within the prescribed period after service of purchase notice.
Final Decision
The court allowed the petition, declaring that the reservation of the petitioners' land had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and the petitioners were entitled to use the land for purposes permissible for adjacent land under the development plan. No order as to costs.
Law Points
- Section 127 of the Maharashtra Regional and Town Planning Act
- 1966
- lapsing of reservation
- purchase notice
- failure to acquire within six months
- right to use land for permissible development
Case Details
2016 LawText (BOM) (01) 129
Writ Petition No. 3615/2015
Smt. Vasanti A. Naik, A.S. Chandurkar
Shri B.B. Mehadia for petitioners, Shri N.S. Khubalkar for respondent no.1, Shri Pravin P. Deshmukh for respondent no.2
Hirabai w/o Shrikrishna Chiddarwar, Vithal s/o Shrikrishna Chiddarwar, Gyaneshawar s/o Shrikrishna Chiddarwar, Waman s/o Shrikrishna Chiddarwar
State of Maharashtra, The Chief Executive Officer, Municipal Council, Digras, Yavatmal
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Nature of Litigation
Writ petition seeking declaration that reservation of land had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Remedy Sought
Declaration that the reservation of the petitioners' agricultural field for D.P. Road and Social Welfare Department has lapsed and that the petitioners are entitled to use the land for development permissible for adjacent land.
Filing Reason
The land was reserved in the final development plan published on 01.08.1987. After more than ten years, the petitioners served a purchase notice on 20.06.2001, but no acquisition steps were taken within six months. The State Government again reserved the land in the revised development plan dated 03.04.2012.
Previous Decisions
The respondent no.2 passed a resolution on 25.03.2010 to delete the reservation for Social Welfare Department, but the State Government re-reserved the land in the revised development plan.
Issues
Whether the reservation of the petitioners' land had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to non-acquisition within the prescribed period after service of purchase notice.
Whether the re-reservation of the land in the revised development plan could revive the lapsed reservation.
Submissions/Arguments
The petitioners argued that the reservation had lapsed under Section 127(1) as no steps for acquisition were taken within six months of the purchase notice.
The respondents contended that the reservation was continued in the revised development plan and therefore had not lapsed.
Ratio Decidendi
Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if land reserved in a development plan is not acquired within ten years from the date of publication of the final plan, the owner may serve a purchase notice. If no steps for acquisition are taken within six months of such notice, the reservation lapses, and the owner is entitled to use the land for purposes permissible for adjacent land. Re-reservation in a revised development plan cannot revive a lapsed reservation.
Judgment Excerpts
Since the land of the petitioners was not acquired for the purpose for which it was reserved for a period of more than ten years from the publication of the final Development plan, the petitioners served a purchase notice on the respondents, on 20.06.2001.
No effective steps were taken by the respondents for the acquisition of the land, as required by the provisions of Section 127 of the Act, within a period of six months.
In the circumstances, the reservation of the land of the petitioners must be held to have lapsed under Section 127 of the Act.
Procedural History
The petitioners filed Writ Petition No. 3615/2015 before the Bombay High Court, Nagpur Bench, seeking a declaration that the reservation of their land had lapsed. The petition was heard finally at the stage of admission with consent of counsel. Rule was made returnable forthwith. Judgment was delivered on 21.01.2016.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 127, Section 26, Section 38
