Case Note & Summary
The petitioners, owners of final plot No.481 in Town Planning Scheme No.1 at Karad, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the reservation/designation bearing No.46 on their land in the sanctioned development plan of Karad Municipal Council had lapsed. The land, admeasuring 1721.16 square meters, was reserved for a garden. The petitioners contended that the reservation was made in the development plan sanctioned on 29th January 1999, and despite the lapse of more than 10 years, the respondent Municipal Council had not acquired the land nor taken any steps for acquisition. The respondents argued that the reservation was part of the final development plan and that the petitioners had not issued a purchase notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The Court examined the provisions of Section 127, which stipulates that if land reserved for a public purpose is not acquired within 10 years from the date of the reservation, the reservation lapses and the land is deemed to be released. The Court noted that the development plan was sanctioned on 29th January 1999, and the reservation had not been acquired within the statutory period. The Court rejected the respondents' argument regarding the purchase notice, holding that the lapsing occurs automatically by operation of law. Consequently, the Court allowed the petition, declaring that the reservation had lapsed and directing the Municipal Council to issue a revised final plot certificate and development permission to the petitioners within three months.
Headnote
A) Town Planning - Lapsing of Reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - The petitioners sought declaration that reservation on their land for garden purposes had lapsed as the acquiring authority failed to acquire the land within 10 years from the date of reservation. The Court held that since no steps for acquisition were taken within the statutory period, the reservation stood lapsed and the land was deemed released. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The Court exercised its writ jurisdiction to declare the reservation lapsed and directed the Municipal Council to issue a revised final plot certificate and development permission. (Paras 11-12)
Issue of Consideration
Whether the reservation on 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 writ petition, declaring that the reservation on the petitioners' land has lapsed and the land is deemed to be released from reservation. The respondent No.1 Municipal Council is directed to issue a revised final plot certificate and development permission to the petitioners within three months.
Law Points
- Reservation lapses if not acquired within 10 years from date of reservation
- Section 127 of MRTP Act
- 1966
- Deemed release from reservation
- Writ jurisdiction under Article 226
