Case Note & Summary
The petitioner, Siddharam Shivappa Patil, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a declaration that the reservation on his land had lapsed under Section 127 of the Maharashtra Regional & Town Planning Act, 1966. The land, admeasuring 5197 sq. meters for primary school (reservation No. 13/67) and 1638 sq. meters for parking (reservation No. 13/68), was situated at old survey No. 219/1/1, new survey No. 23/1/1 of Majrewadi, Solapur, and was reserved in the sanctioned development plan of Solapur 1997-2017. The petitioner contended that despite the reservation, the respondent authorities, including the State of Maharashtra and the Solapur Municipal Corporation, failed to acquire the land within the statutory period of ten years from the date of the reservation. The petitioner also noted that the General Body of the Solapur Municipal Corporation had passed a resolution on 18 June 2007 recommending cancellation of the reservation for the primary school. The court, after hearing the parties, examined the provisions of Section 127 of the MRTP Act, which provides that if land reserved for a public purpose is not acquired within ten years from the date of the reservation, the reservation lapses and the land is deemed to be released. The court found that the reservation was made in 1997 and the ten-year period expired in 2007, but no acquisition proceedings were initiated. Consequently, the court allowed the petition, declaring that the reservation had lapsed and the land was released from reservation. The court directed the respondent authorities to notify the lapsing of reservation in the official gazette as required under Section 127(2) of the Act. The judgment was pronounced on 17 February 2017 by a division bench comprising Justice Naresh H. Patil and Justice M.S. Karnik.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional & Town Planning Act, 1966 - Failure to acquire land within ten years from the date of reservation - The petitioner's land was reserved for primary school and parking in the development plan of Solapur 1997-2017. The respondent authorities did not acquire the land within ten years. The court held that the reservation lapses and the land is deemed to be released from reservation. (Paras 2-6)
Issue of Consideration
Whether the reservation on the petitioner's land under the development plan has lapsed under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 due to non-acquisition within the prescribed period.
Final Decision
The court allowed the writ petition, declaring that the reservation on the petitioner's land had lapsed under Section 127 of the Maharashtra Regional & Town Planning Act, 1966, and the land is deemed to be released from reservation. The court directed the respondent authorities to notify the lapsing of reservation in the official gazette as per Section 127(2) of the Act.
Law Points
- Section 127 of Maharashtra Regional & Town Planning Act
- 1966
- lapsing of reservation
- deemed release of land
- failure to acquire within ten years
- development plan reservation
