Case Note & Summary
The petitioner, Lalchand s/o Hemandas Sainani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging the refusal of the Amalner Municipal Council (respondent no. 4) to release his land from reservation. The land, gut no. 419/1 admeasuring 393.22 sq. mtrs. within Amalner Municipal Council limits, was reserved for a playground and primary school in the second revised development plan sanctioned on 30.04.1994. The petitioner claimed ownership and title to the property, supported by a 7/12 extract. Despite the lapse of over 20 years, the planning authority took no steps to acquire the land. Consequently, the petitioner issued a notice dated 19.01.2015 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), calling upon the authority to acquire the land or release it from reservation. The respondent no. 4 failed to take any action within the statutory period of 12 months from the date of the notice. The petitioner sought a declaration that the reservation had lapsed and the land was free from all reservations. The court, after hearing the parties, held that the reservation had indeed lapsed under Section 127 of the MRTP Act. The court noted that the planning authority did not acquire the land or initiate any acquisition proceedings within the prescribed period. Therefore, the court allowed the petition, declaring that the reservation on the petitioner's land had lapsed and the land was free from all reservations. The respondents were directed to act accordingly and modify the development plan to reflect the change. The court also ordered that the petitioner be entitled to use the land as per the permissible use in the zone.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - Purchase Notice - The petitioner, owner of land reserved for playground and primary school in the revised development plan of 1994, issued a notice under Section 127 on 19.01.2015 after 20 years of no acquisition steps. The court held that since the planning authority failed to acquire the land or take steps within 12 months of the notice, the reservation lapsed and the land became free from reservation. (Paras 2-8) B) Town Planning - Obligation of Planning Authority - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - Failure to Acquire - The court held that the planning authority's inaction for over 20 years and failure to respond to the purchase notice resulted in the deemed lapse of reservation. The land is now free from all reservations and the petitioner is entitled to use it as per the permissible use in the zone. (Paras 5-8)
Issue of Consideration
Whether the reservation on the petitioner's land for a playground and primary school has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, due to the failure of the planning authority to acquire the land within the statutory period after service of a purchase notice.
Final Decision
The court allowed the writ petition, declaring that the reservation on the petitioner's land (gut no. 419/1) has lapsed and the land is free from all reservations. The respondents were directed to act accordingly and modify the development plan. The petitioner is entitled to use the land as per the permissible use in the zone.
Law Points
- Section 127 of the Maharashtra Regional and Town Planning Act
- 1966
- lapsing of reservation
- purchase notice
- deemed lapse
- obligation of planning authority to acquire within prescribed period
