IMPORTANT POINT
Scope of sections 126 and 127, MRTP Act, 1966.
Action of acquisition and action for acquisition - distinction.

Judgment :-

G.S. Singhvi, J.

1. Leave granted.

2. The question which arises for consideration in these appeals is whether reservation of the parcels of land owned by the respondents in the Regional plans/Development plans prepared under the Maharashtra Regional and Town Planning Act, 1966 (for short, ‘the 1966 Act’) will be deemed to have lapsed because the same were not acquired or no steps were commenced in that respect within six months of the service of notice under Section 127 of that Act.

3. For the sake of convenience, we shall first notice the facts from the record of the appeal arising out of SLP(C) No. 9934/2009.

3.1 Respondent Nos. 1 to 5 are the owners in possession of the land comprised in Gat Nos. 44/1/2 and 44/1/4, CTS No. 2141 measuring about 2 hectares and 40 ares situated at Shrirampur Taluka, Shrirampur (Maharashtra).

3.2 In the Development plan prepared for Shrirampur under the 1966 Act, which was sanctioned by Director of Town Planning, Maharashtra vide order dated 9.8.1991 and enforced with effect from 31.10.1991, the land of respondent Nos. 1 to 5 was shown as reserved for primary school and playground. However, the same was not acquired in accordance with the provisions of Section 126 of the 1966 Act read with the Land Acquisition Act, 1894 (for short, ‘the 1894 Act’).

3.3 After eleven and a half years of the reservation of their land, respondent Nos. 1 to 5 issued purchase notice dated 29.5.2003 under Section 127 of the 1966 Act, which was duly served upon the Chief Officer of the appellant – Shrirampur Municipal Council, Shrirampur. The relevant portions of the notice are extracted below:

“PURCHASE NOTICE

UNDER SECTION 127

Date:- 29.5.2003

To,

Hon. Chief Officer,

Nagar Parishad, Shrirampur,

Dist. Ahmednagar

Reference:-Development Plan (R) Shrirampur approved

Subject:- Purchase Notice Under Section 127 of Maharashtra Regional and Town Planning Act, 1966.

We, the undersigned

1] Shrimati Satyabhamabai Bhimaji Dawkhar, Age - 70, Occupation - Farming, House work,

2) Alka Shivaji Dawkher, age 47 years, Occupation - household 86 Agril

3) Sudhil Shivaji Dawkher, age 28 years, Occupation : Agril

4) Vijay Shivaji Dawkher, age 26 years, Occupation : Agril

5) Rushikesh Shivaji Dawkher, age 24 years, Occupation: Agril

All R/o Mahadeo Mala, Shrirampur, Ward No. 7, Dist. Ahmednagar.

Hereby give notice under Section 127 of the above stated Act that, the land located within the city limits of Shrirampur out of Gat No.44 admeasuring approx. 2.5 Hectare is owned by me and it has been reserved as Reservation No.40 in Town Planning Scheme No.4. This reservation has been reserved approx. 1 Acre for play ground. The sanctioned Development Plan (R) Shrirampur of Shrirampur City has been granted final sanction by the Director, Town Planning (State) Pune vide their notification no. D. P. Shrirampur (Part) R/TPV 4-2837 Dated 31/12/91 and although more than 10 years duration has passed after getting the final sanction to the Development Plan the Nagar Parishad has taken no action to acquire the said land.

Through this notice you are being notified that, in case of your failure to take suitable action to acquire the said land within 6 months of the receipt of the said notice the land under reservation in Gat no. 44 shall become free from reservation. Please take note. The said notice is being issued in this behalf.”

3.4 The notice issued by respondent Nos.1 to 5 was considered in the meeting of the General Body of the appellant held on 30.8.2003 and the following resolution was passed:

“It is seen from the note submitted on the above subject that the land bearing Gat No. 44, CTS No.2141 (part) within the Municipal Limit is owned by Smt. Satyabhamabai Davkhar, out of which 4815 sq.mtr. of area is reserved for Play Ground, vide reservation No.40 and for Primary School & Play Ground, vide reservation No.41. Since the Municipal Council has not acquired the land under said reservations after 10 years of sanction of Development Plan, the land owner Smt. Davkhar