Case Note & Summary
The petitioners, Rabiya Raju Bagwan and Hawabi Shabuddin Sayyed, owned land bearing Survey No.55, Hissa No.9 and Survey No.24A, Hissa No.1/7 (CTS No.4480 and 4479) in Sawantwadi, Sindhudurg. On 1st April 1989, the Development Plan of Sawantwadi City was sanctioned, reserving their land for construction of a 24.0 meter wide Ring Road. On 10th August 2012, the petitioners issued a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) to the Chief Officer of Respondent No.1-Sawantwadi Municipal Council and to Respondent No.2-Collector. The notice required the authorities to acquire the land or take steps for its acquisition within the statutory period. Despite receipt of the notice, no steps were taken by the Municipal Council or any other authority within the stipulated 12-month period. The petitioners then filed a writ petition seeking a declaration that the reservation had lapsed and that the land be made available to them for development. The respondents, including the Municipal Council, Collector, District Town Planning Office, and State of Maharashtra, opposed the petition. An affidavit-in-reply was filed on behalf of Respondents 3 and 4 by Mr. Sanjay R. Kurvey, Joint Director of Town Planning, stating that the land formed an integral part of the Development Plan road network and that the reservation should be maintained. The court considered the provisions of Section 127 of the MRTP Act, which allows a landowner to serve a purchase notice on the planning authority if the land is not acquired within ten years from the date of the Development Plan. Upon receipt of such notice, the authority must take steps for acquisition within twelve months; failing which, the reservation lapses and the land becomes available to the owner for development. The court found that the purchase notice was validly served and that no acquisition proceedings or agreements were initiated within the prescribed period. The court rejected the respondents' argument that the road was essential for the city's development, holding that the statutory scheme under Section 127 is clear and mandatory. Consequently, the court allowed the petition, declaring that the reservation stood lapsed and directing that the land be made available to the petitioners for development in accordance with law. The rule was made absolute with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioners' land was reserved for a 24.0 m wide Ring Road in the Development Plan sanctioned on 1st April 1989. They issued a purchase notice on 10th August 2012 under Section 127 of the MRTP Act. Since no steps for acquisition were taken within 12 months, the reservation lapsed. The court held that the land becomes available to the owner for development as if no reservation existed. (Paras 1-6) B) Town Planning - Purchase Notice - Compliance - Section 127 of MRTP Act - The purchase notice was addressed to the Chief Officer of the Municipal Council and the Collector. The court found that the notice was valid and the authorities failed to act. The lapsing provision is automatic upon expiry of 12 months without acquisition or agreement. (Paras 3-5)
Issue of Consideration
Whether the reservation of the petitioners' land for a Ring Road under the Development Plan of Sawantwadi City stood lapsed due to failure of the Municipal Council to take steps for acquisition within the stipulated period after receipt of purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966.
Final Decision
The court allowed the petition, declaring that the reservation of the petitioners' land for the Ring Road under the Development Plan of Sawantwadi City stood lapsed. The court directed that the land be made available to the petitioners for development in accordance with law. Rule made absolute with no order as to costs.
Law Points
- Reservation lapses if no acquisition steps taken within 12 months of purchase notice under Section 127 MRTP Act
- Landowner entitled to development permission after lapsing
- Purchase notice must be addressed to appropriate authority
