Case Note & Summary
The petitioners, co-owners of ancestral land in Chehedi village within Nashik Municipal Corporation limits, filed a writ petition seeking a declaration that the reservation of their land under the draft development plan published in May 2015 had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The land was reserved for a public purpose, but the acquiring body failed to take any steps for acquisition within the statutory period of ten years from the date of publication of the draft plan. The petitioners also challenged the refusal of building permission by the municipal authorities based on the reservation. The court, after hearing the parties, held that since no steps for acquisition were taken within ten years, the reservation had lapsed by operation of law. Consequently, the refusal of building permission was set aside, and the respondents were directed to issue a notification in the official gazette declaring the lapse. The court allowed the petition with no order as to costs.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of Maharashtra Regional and Town Planning Act, 1966 - Failure to acquire land within ten years from the date of publication of the draft development plan - The petitioners' land was reserved for a public purpose in the draft development plan published in May 2015. The acquiring body failed to take steps for acquisition within ten years. The court held that the reservation has lapsed and the petitioners are entitled to use the land as if no reservation existed. (Paras 1-14)
B) Town Planning - Refusal of Building Permission - Section 127 of MRTP Act - Consequential relief - The refusal of building permission by the municipal authorities based on the reservation was set aside as the reservation had lapsed. (Paras 2, 14)
Issue of Consideration
Whether the reservation of the petitioners' land under the development plan has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 due to non-acquisition within the prescribed period.
Final Decision
The court allowed the petition, declaring that the reservation of the petitioners' land has lapsed under Section 127 of the MRTP Act. The respondents were directed to issue a notification in the official gazette declaring the lapse. The refusal of building permission was set aside. No order as to costs.
Law Points
- Section 127 of MRTP Act
- lapsing of reservation
- failure to acquire within ten years
- deemed lapse
- right to use land
Case Details
2017 LawText (BOM) (11) 100
WRIT PETITION NO. 7939 OF 2016
Smt. Vasanti A Naik, Riyaz I. Chagla
Ms. Smita R. Gaidhani for the Petitioners; Mr. Vishwajeet Sagare, AGP for Respondent Nos. 1 to 3; Mr. Murlidhar L. Patil for Respondent No.4
Shri Popat Kisan Mhaske and Rajubai Kisan Kapse
The Hon'ble Minister for Urban Development, State of Maharashtra; The Principal Secretary, Department of Urban Development; The Collector, Nashik; The Commissioner, Nashik Municipal Corporation; Executive Engineer, Nashik Municipal Corporation; Assistant Director of Town Planning, Nashik Municipal Corporation; The Municipal Secretary, Nashik Municipal Corporation
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Nature of Litigation
Writ petition seeking declaration of lapsing of land reservation under Section 127 of MRTP Act and quashing of refusal of building permission.
Remedy Sought
Petitioners sought direction to respondents to notify lapsing of reservation, quashing of refusal certificate, and deletion of land from reservation.
Filing Reason
The petitioners' land was reserved in the draft development plan published in May 2015, and the acquiring body failed to acquire it within ten years, leading to a deemed lapse under Section 127.
Issues
Whether the reservation of the petitioners' land has lapsed under Section 127 of the MRTP Act due to non-acquisition within ten years from the date of publication of the draft development plan.
Submissions/Arguments
Petitioners argued that no steps for acquisition were taken within ten years, hence the reservation lapsed.
Respondents did not oppose the petition and conceded that no acquisition steps were taken.
Ratio Decidendi
Under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if land reserved for a public purpose in a development plan is not acquired within ten years from the date of publication of the draft plan, the reservation lapses, and the landowner is entitled to use the land as if no reservation existed.
Judgment Excerpts
The Petitioner by this Writ Petition is seeking an order and direction from this Court, directing the Respondent to notify by order published in Official Gazette as per Section 127(2) of the Maharashtra Regional and Town Planning Act, 1966 that the reservation, allocation or designation of the Petitioners land ... has lapsed.
Since no steps have been taken for acquisition of the said land within the period of ten years from the date of publication of the draft development plan, the reservation is deemed to have lapsed.
Procedural History
The petitioners filed Writ Petition No. 7939 of 2016 before the Bombay High Court seeking declaration of lapsing of reservation and quashing of refusal of building permission. The court heard the matter on 29th November 2017 and allowed the petition.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: 127
