Case Note & Summary
The petitioner, Supreme Industries Ltd., owned land in survey nos. 245/2 and 245/3 at village Mehroon, Jalgaon. The final development plan for Jalgaon, published on 11.02.2002 and modified on 10.08.2004, reserved 74 R out of survey no. 245/2 and 92 R out of survey no. 245/3 for a high school and playground. The Jalgaon Municipal Corporation did not take any steps to acquire or develop the land. Consequently, the petitioner issued a notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) on 09.12.2014, calling upon the Corporation to take steps for development and warning that failure would result in the reservation lapsing. The Corporation acknowledged receipt of the notice but, by communication dated 19.12.2014, asked the petitioner to submit documents such as 7/12 extracts and certified copies of sale deeds to prove ownership. The petitioner complied, but the Corporation did not initiate acquisition proceedings. The petitioner then filed a writ petition seeking a declaration that the reservation had lapsed and the land was free from reservation. The court held that since the Corporation failed to take steps for acquisition within the statutory period after the notice, the reservation stood deemed to have lapsed under Section 127 of the MRTP Act. The court declared that the land was free from reservation and directed the Corporation to issue a notification to that effect within three months.
Headnote
A) Town Planning - Deemed Lapse of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Petitioner's land reserved for high school and playground under final development plan published on 11.02.2002 and modification plan published on 10.08.2004 - Municipal Corporation failed to acquire land within statutory period - Petitioner issued notice under Section 127 on 09.12.2014 - Corporation sought documents but did not initiate acquisition - Held that reservation deemed to have lapsed and land free from reservation (Paras 3-6).
Issue of Consideration
Whether the reservation on the petitioner's land under the final development plan has lapsed due to the failure of the Municipal Corporation to take steps for acquisition within the statutory period after notice under Section 127 of the MRTP Act.
Final Decision
The court allowed the petition, declaring that the reservation on the petitioner's land to the extent of 74 R out of survey no. 245/2 and 92 R out of survey no. 245/3 is deemed to have lapsed and the land is free from reservation. The respondents were directed to issue a notification to that effect within three months.
Law Points
- Deemed lapse of reservation under Section 127 of MRTP Act
- 1966
- Failure to acquire land within statutory period
- Issuance of notice under Section 127
- Non-compliance with notice leads to lapse
