Case Note & Summary
The petitioner, Darpan Narendra Thakur, is the owner of Survey No.317, Hissa No.3, 4 & 12E, situated at Village Virar, New Viva College Road, Taluka Vasai, District Palghar. The land was reserved for a public purpose under the development plan prepared under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus declaring that the reservation on the said plot of land has lapsed and that the land be released from reservation as contemplated under Section 127 of the MRTP Act. The petitioner contended that the acquiring authority, the Vasai Virar City Municipal Corporation (VVCMC), failed to take any steps for acquisition of the land within the statutory period prescribed under Section 127, and therefore the reservation had lapsed. The respondents, including the State of Maharashtra and the VVCMC, opposed the petition, but the court, after hearing the parties and perusing the record, including the affidavit of Mr. Y. S. Reddy, Deputy Director of Respondent No.3, found that no acquisition proceedings had been initiated within the prescribed period. The court held that the reservation had lapsed and the petitioner was entitled to release of the land. The court allowed the petition, issued a writ of mandamus directing the respondents to release the land from reservation, and made the rule absolute.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Failure to Acquire - The petitioner, owner of land reserved for public purpose, sought declaration that reservation had lapsed as the acquiring authority failed to acquire the land within the period prescribed under Section 127 of the MRTP Act. The court held that since no steps for acquisition were taken within the statutory period, the reservation stood lapsed and the land was liable to be released. (Paras 2-4)
B) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - Enforcement of Statutory Right - The court issued a writ of mandamus directing the respondents to release the petitioner's land from reservation, as the statutory right under Section 127 of the MRTP Act had accrued due to inaction of the authorities. (Paras 2, 4)
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, and whether the petitioner is entitled to a writ of mandamus for release of the land from reservation.
Final Decision
The court allowed the petition, issued a writ of mandamus directing the respondents to release the petitioner's land from reservation, and made the rule absolute.
Law Points
- Lapsing of reservation under Section 127 of MRTP Act
- 1966
- Mandamus for release of land
- Failure to acquire within prescribed period
- Statutory right of landowner
Case Details
2026 LawText (BOM) (04) 56
Writ Petition No. 887 of 2024
A. S. Gadkari, Kamal Khata
Mr. Murataza Najmi, Adv. Shambhu Jha, Adv. Farida Najmi, Adv. Suraj Pandey, Adv. Afsar Ansari, Adv. Nancy K., Adv. Aashish Pathak, Adv. Kalpesh Gharat for Petitioner; Mr. A. I. Patel, Addl. GP, Smt. Tanu N. Bhatia, AGP for Respondent No.1; Mr. Vishwanath Patil for Respondent Nos.2 and 3
State of Maharashtra, Vasai Virar City Municipal Corporation, Town Planning Department Vasai Virar City Municipal Corporation
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus for declaration that reservation on land has lapsed under Section 127 of the MRTP Act and for release of land from reservation.
Remedy Sought
Petitioner sought a writ of mandamus declaring that the reservation on his land has lapsed and directing the respondents to release the land from reservation.
Filing Reason
The petitioner's land was reserved for a public purpose under the MRTP Act, but the acquiring authority failed to acquire the land within the statutory period prescribed under Section 127, leading to the lapsing of reservation.
Issues
Whether the reservation on the petitioner's land has lapsed under Section 127 of the MRTP Act due to non-acquisition within the statutory period.
Whether the petitioner is entitled to a writ of mandamus for release of the land from reservation.
Submissions/Arguments
Petitioner argued that no steps for acquisition were taken within the statutory period, hence reservation lapsed under Section 127 of MRTP Act.
Respondents opposed the petition, but the court found no merit in their opposition as no acquisition proceedings were initiated.
Ratio Decidendi
Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if the acquiring authority fails to acquire the reserved land within the prescribed period, the reservation lapses and the landowner is entitled to have the land released from reservation. The court may issue a writ of mandamus to enforce this statutory right.
Judgment Excerpts
By this Petition under Article 226 of the Constitution of India, the Petitioner, owner of Survey No.317, Hissa No.3, 4 & 12E, situated at Village Virar, New Viva College Road, Taluka Vasai, District Palghar, (‘said plot of land’) is seeking a writ of Mandamus for declaring that, the reservation on the said plot of land has lapsed and the said land be released from reservation as contemplated under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’).
Rule. Rule made returnable forthwith and with the consent of learned Advocates for the respective parties taken up for final hearing.
Procedural History
The petitioner filed Writ Petition No. 887 of 2024 before the High Court of Judicature at Bombay under Article 226 of the Constitution of India. The court admitted the petition, made rule returnable forthwith, and heard the parties. After considering the submissions and the affidavit of the Deputy Director of Respondent No.3, the court allowed the petition.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 127
- Constitution of India: Article 226
