Case Note & Summary
The dispute arose from a Writ Petition filed by the Petitioner, Devi Construction LLP, seeking to quash an order dated 9th September 2024, which rejected their Purchase Notice under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). The property in question, measuring 2.10 hectares, was subject to a Draft Development Plan that reserved a portion for a garden. The Petitioner objected to this reservation and issued a Purchase Notice on 15th March 2024, claiming inability to sell the property at a reasonable price due to its designation. The Respondents, particularly the Director of Town Planning, rejected the Purchase Notice, asserting that it was not accompanied by an application to the Planning Authority as required under Section 49(2) of the MRTP Act. The Petitioner contended that the rejection was erroneous, arguing that Section 49(1)(e) allows for a Purchase Notice without the need for such an application. The court analyzed the provisions of Section 49, concluding that the contingencies outlined in the section are independent and that the requirement for an accompanying application only applies when relevant. The court referenced previous judgments to support its interpretation, ultimately quashing the order and directing the Respondent to decide the Purchase Notice on its merits without insisting on the application. The court ruled that the Purchase Notice was valid and should be considered accordingly.
Headnote
A) Administrative Law - Writ Jurisdiction - Quashing of Order - Maharashtra Regional and Town Planning Act, 1966, Section 49 - The court quashed the order rejecting the Purchase Notice on grounds of non-compliance with Section 49(2), clarifying that such compliance is not necessary when invoking Section 49(1)(e) - Held that the Purchase Notice must be considered on its own merits without the need for an accompanying application (Paras 24-26).
Issue of Consideration
Whether the Purchase Notice could be rejected for not being accompanied by an application under Section 49(2) of the MRTP Act.
Final Decision
The court quashed the order dated 9th September 2024 rejecting the Purchase Notice and directed Respondent No.3 to decide the Purchase Notice dated 15th March 2024 without insisting on an application under Section 49(2) of the MRTP Act, within six weeks.
Law Points
- Writ jurisdiction
- Purchase Notice
- MRTP Act
- Section 49
- Planning Authority
- Constitutional rights
