Case Note & Summary
The petitioners, owners of land in Rahata, Ahmednagar, filed two sister writ petitions seeking a declaration that the reservation imposed on their land in the final development plan dated 16-08-2004 had lapsed due to the failure of the Planning Authority to take steps for acquisition within the statutory period under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act). The land, admeasuring 09 Aar, was reserved for garden and residential zone in site No. 45 of survey No. 179. The petitioners contended that despite the reservation being in place for over a decade, the Municipal Council, Rahata, and other respondents had not initiated any acquisition proceedings. They sought a writ of mandamus under Article 226 of the Constitution of India to declare the reservation lapsed and to direct the respondents to issue a notification of de-reservation. The court, after hearing the parties, noted that the common question was whether the reservation had lapsed under Section 127 of the MRTP Act. The court observed that the Planning Authority had failed to take any steps within the statutory period, and therefore, the reservation stood lapsed. Consequently, the court allowed the petitions, declaring the reservation lapsed and directing the respondents to issue the necessary de-reservation notification. The judgment was pronounced on 03-08-2017 by a division bench of Justices S.C. Dharmadhikari and Mangesh S. Patil.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 MRTP Act, 1966 - Failure to Acquire Within Statutory Period - Petitioners sought declaration that reservation on their land had lapsed as the Planning Authority failed to take steps for acquisition within the period prescribed under Section 127 of the MRTP Act. The court held that since the reservation was imposed in the final development plan dated 16-08-2004 and no steps were taken for over a decade, the reservation stood lapsed and the petitioners were entitled to a declaration to that effect. (Paras 2, 5-6) B) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - De-reservation - The court directed the respondents to issue notification of de-reservation in respect of the land, as the reservation had lapsed under Section 127 of the MRTP Act. (Paras 2, 6)
Issue of Consideration
Whether on the facts of these cases can it be declared that the reservation imposed on the petitioners' land has lapsed due to the failure of the Planning Authority to take steps within the statutory period stipulated by Section 127 of the Maharashtra Regional Town Planning Act, 1966.
Final Decision
The court allowed the writ petitions, declaring that the reservation on the petitioners' land had lapsed and directed the respondents to issue notification of de-reservation.
Law Points
- Section 127 of MRTP Act
- 1966
- lapsing of reservation
- failure to acquire within statutory period
- de-reservation
- mandamus under Article 226
