Case Note & Summary
The petitioner, Ashok Shriram Kulkarni, filed a writ petition before the Bombay High Court seeking de-reservation of a plot bearing CTS 339 1/A – A/B at Ashta, Sangli. The plot was reserved as No.54 for a civil and cultural centre under the development plan sanctioned by the State Government on 30/06/1982 under the Maharashtra Regional Town Planning Act, 1966. The petitioner claimed ownership of the plot. The Ashta Municipal Council passed a resolution on 31/10/1994 to cancel the reservation due to lack of funds, but the State Government did not take any decision on the resolution. No steps were taken by the respondents to acquire the plot under the MRTP Act or the Land Acquisition Act, 1894 within 10 years from the sanction of the development plan. The petitioner served a purchase notice under Section 127 of the MRTP Act on 09/09/1996. The respondents failed to acquire the plot within 6 months from the date of service of the notice. The petitioner contended that the reservation lapsed under Section 127. The court, after hearing the parties, held that the reservation had lapsed and the plot stood released from reservation. The court directed the respondents to de-reserve the plot and allowed the petition.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional Town Planning Act, 1966 - Purchase Notice - The petitioner, owner of a plot reserved for civil and cultural centre, served a purchase notice under Section 127 on 09/09/1996 after the respondents failed to acquire the plot within 10 years from the sanction of the development plan on 30/06/1982. The respondents did not take steps to acquire the plot within 6 months of the notice. Held that the reservation lapsed and the plot stood released from reservation. (Paras 2-4) B) Town Planning - De-reservation - Section 127 of Maharashtra Regional Town Planning Act, 1966 - Failure to Acquire - The Municipal Council had passed a resolution on 31/10/1994 to cancel the reservation due to lack of funds, but the State Government did not decide on it. No acquisition proceedings were initiated. Held that the petitioner is entitled to a declaration that the reservation has lapsed and the plot is free from reservation. (Paras 3-4)
Issue of Consideration
Whether the reservation on the petitioner's plot lapsed under Section 127 of the Maharashtra Regional Town Planning Act, 1966, due to the failure of the respondents to acquire the plot within the prescribed period after service of purchase notice.
Final Decision
The court allowed the writ petition, holding that the reservation on the plot lapsed under Section 127 of the MRTP Act and the plot stood released from reservation. The respondents were directed to de-reserve the plot.
Law Points
- Section 127 of Maharashtra Regional Town Planning Act
- 1966
- lapsing of reservation
- purchase notice
- de-reservation
- failure to acquire within 10 years
