Case Note & Summary
The petitioners, owners of land bearing Revision Survey No.138 admeasuring 3 Hectares and 65 Ares in Kolhapur, sought a writ of mandamus directing the State of Maharashtra and the Kolhapur Municipal Corporation to issue a declaration under Section 126(2) read with Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) for acquisition of 10,000 sq. mtrs. of their land reserved for a playground under the sanctioned development plan. The petitioners had served a notice under Section 49(1) of the MRTP Act on 8 March 2010, which was confirmed by the State Government on 6 September 2010. Within the time prescribed under Section 49(7), the fifth respondent (Municipal Corporation) applied to the District Collector for initiation of acquisition proceedings. The State initiated acquisition, and the Municipal Corporation deposited Rs.8,51,91,480 with the Special Land Acquisition Officer. However, no further steps were taken, and the fourth respondent called for additional deposit on 6 May 2015. The petitioners filed the writ petition seeking a direction to issue the declaration under Section 126(2) and (4) of the MRTP Act. The Municipal Corporation filed a reply stating financial constraints and offering Transferable Development Rights (TDR) instead of compensation. The petitioners declined TDR. The court considered the statutory scheme under Sections 125 and 126 of the MRTP Act, as amended by Maharashtra Act No.XLII of 2015, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court held that once the acquisition process has been initiated and compensation deposited, the State is duty-bound to issue the declaration under Section 126(2) read with Section 126(4) of the MRTP Act. The court rejected the argument of financial incapacity, stating that the statutory obligation cannot be avoided. The court directed the State to issue the declaration within a specified period and proceed with acquisition. The petition was allowed with directions.
Headnote
A) Town Planning - Reservation and Acquisition - Section 126 MRTP Act - Mandamus - Land reserved for playground under development plan - Landowner served notice under Section 49(1) MRTP Act, confirmed by State - Municipal Corporation deposited compensation amount - No declaration under Section 126(2) issued - Court held that once steps for acquisition are taken and compensation deposited, the State is bound to issue declaration under Section 126(2) read with Section 126(4) MRTP Act - Failure to do so entitles landowner to writ of mandamus - Held that the State cannot avoid its statutory duty by citing financial constraints or offering TDR (Paras 1-4).
Issue of Consideration
Whether the State Government is obliged to issue a declaration under Section 126(2) read with Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 for acquisition of land reserved for a playground, when the acquisition proceedings have not been completed within the statutory period despite deposit of compensation by the municipal corporation.
Final Decision
The court allowed the writ petition and directed the State Government to issue a declaration under Section 126(2) read with Section 126(4) of the MRTP Act within a specified period and proceed with acquisition in accordance with law.
Law Points
- Section 126 MRTP Act
- Section 49 MRTP Act
- Right to Fair Compensation and Transparency in Land Acquisition Act 2013
- Transferable Development Rights
- Mandamus for acquisition
