Case Note & Summary
The dispute arose from a writ petition filed under Article 226 of the Constitution of India by the legal heirs of Petitioners, seeking to dereserve land in Jalna that had been reserved for a primary school and playground. The petitioners claimed ownership of land bearing Survey No.170A, which was reserved in the development plan sanctioned on 17.05.1985. They argued that the authorities had failed to acquire the land within ten years as mandated by the Maharashtra Regional Town Planning Act, 1966, despite multiple notices served under Section 127 of the Act. The respondents contended that the reservation was still valid due to a second revised development plan sanctioned in 2013. The court analyzed the timeline of events, noting that the original reservation had not been acted upon within the required timeframe, leading to the conclusion that the land had automatically been dereserved. The court emphasized the statutory rights of the petitioners and ruled in their favor, directing the state to publish a notification confirming the dereservation. The writ petition was allowed, and the rule was made absolute in terms of the petitioners' prayers for dereservation.
Headnote
A) Constitutional Law - Writ of Mandamus - Dereservation of Land - Maharashtra Regional Town Planning Act, 1966, Section 127 - Petitioners sought to dereserve land reserved for public purposes as authorities failed to acquire within ten years. Court held that failure to acquire within the statutory period resulted in automatic dereservation of the land, thus granting the petitioners' request (Paras 14).
Issue of Consideration
Whether the reservation of land for public purposes lapsed due to non-acquisition within the stipulated time under the Maharashtra Regional Town Planning Act, 1966.
Final Decision
The writ petition was allowed, and the court directed the respondents to publish a notification under Section 127 of the MRTP Act confirming the dereservation of the subject lands within six months.
Law Points
- Writ of Mandamus
- Maharashtra Regional Town Planning Act
- 1966
- Reservation of Land
- Acquisition of Land
- Deemed Dereservation
