Case Note & Summary
The petitioners, owners of lands in Jalgaon, filed four writ petitions under Article 226 of the Constitution of India seeking a declaration under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) that the reservation on their respective lands had lapsed. The lands were reserved as site no.165 for a public park in the final development plan of Jalgaon, which came into force in 1976. Despite the lapse of over 40 years, the respondent authorities (State of Maharashtra and Jalgaon Municipal Corporation) had not acquired the lands nor taken any steps for acquisition. The petitioners argued that under Section 127 of the MRTP Act, if the land reserved for a public purpose is not acquired within ten years from the date of the final development plan, the reservation lapses, and the land is deemed to be released from reservation. The respondents contended that the reservation was still valid and that the petitioners had not made any prior representation. The court, after hearing the parties, held that the plain language of Section 127 mandates that if no steps for acquisition are taken within the prescribed period, the reservation lapses. The court noted that the development plan was finalised in 1976, and no acquisition proceedings were initiated within ten years. Therefore, the petitioners were entitled to a declaration that the reservation had lapsed. The court directed the respondents to issue a notification under Section 127(2) of the MRTP Act within three months, declaring the land as no longer reserved. The writ petitions were allowed with no order as to costs.
Headnote
A) Town Planning - Lapse of Reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - Declaration of Lapse - The petitioners sought a declaration that the reservation of their lands as site no.165 (public park) had lapsed under Section 127 of the MRTP Act, as the respondent authorities failed to acquire the land within the prescribed period of ten years from the date of the final development plan. The court held that since no steps for acquisition were taken within the statutory period, the reservation stood lapsed, and the petitioners were entitled to a declaration to that effect. (Paras 2-10) B) Town Planning - Consequential De-reservation - Section 127 of the Maharashtra Regional and Town Planning Act, 1966 - Upon declaration of lapse, the land is deemed to be released from reservation and the owner is entitled to use it for any purpose permissible under the development plan. The court directed the authorities to issue a notification under Section 127(2) of the MRTP Act within three months. (Paras 10-12)
Issue of Consideration
Whether the petitioners are entitled to a declaration under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 that the reservation on their lands has lapsed due to non-acquisition within the prescribed period.
Final Decision
The court allowed the writ petitions, declaring that the reservation on the petitioners' lands has lapsed under Section 127 of the MRTP Act. The respondents were directed to issue a notification under Section 127(2) of the MRTP Act within three months, declaring the land as no longer reserved. No order as to costs.
Law Points
- Section 127 of the Maharashtra Regional and Town Planning Act
- 1966
- Lapse of reservation
- Failure to acquire within prescribed period
- Declaration of lapsing of reservation
- Consequential de-reservation
