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SUPREME COURT OF INDIA
V. GOPALA GOWDA, R. BANUMATHI, JJ.
GODREJ & BOYCE MANUFACTURING.CO.LTD. – APPELLANT
Vs.
STATE OF MAHARASHTRA & ORS. – RESPONDENTS
CIVIL APPEAL NO. 1086 OF 2015 (ARISING OUT OF SLP(C)NO.19426 OF 2012)
Decided On : 21-01-2015
(2009) 1 SCC 514 – Referred
(b) Maharashtra Regional Town Planning Act – Section 127 and 37(1) – Reservation of land for acquisition lapsing – State Government modifying reservation for Railways to DP lane – Not permissible – Giving liberty to the appellant by the High Court to file objections to the proposed notification is futile exercise. (Para 16)
(2013) 5 SCC 627; (2007) 7 SCC 555; (1988) Supp SCC 55; (2011) 3 SCC 1 – Relied upon
Facts of the case:
In the year 1991, appellant’s land in question were reserved under the Sanctioned Development Plan of Greater Mumbai for acquisition of respondent No.2 herein – Union of India, Ministry of Railways for laying down additional Railway tracks between “Thane and Kurla”.
No steps were taken by the concerned authorities despite expiry of 10 years period as contemplated under Section 127 of the MRTP Act to acquire the reserved land of the appellant. The appellant has issued the purchase notice under the said Section on 04.09.2002 to the respondent No.2 - Ministry of Railways stating that if, the Ministry of Railways is in need of the land in question, the same may be acquired by them, and if the same is not required, a clarification to that effect may be issued.
After issuance of the said notice, the period of 6 months as prescribed under Section 127 of the MRTP Act, was expired on 3.3.2003, thus, the reservation of the land in question was deemed to be released.
On 1.11.2004, the respondent No. 2 - Ministry of Railways informed the Urban Development Department of State that there was no proposal for acquisition of reserved land for railway development works in the Railways in the near future.
The appellant, on 5.1.2005, wrote to the Urban Development Department of the State Government requesting for suitable steps in view of clarification letter dated 1.11.2004 issued by respondent No. 2 and requested it for expediting the process of deleting the reservation of the land in question.
The Urban Development Department of the State Government has issued the notification on 24.5.2006 under Section 37(1) of the MRTP Act, proposing the modification to the Development Plan by deleting “Railway reservation” and adding “Reservation for DP Road”. It was followed by another notification issued by the State Government under Section 37(1) of the MRTP Act dated 5.8.2008 for modification of the land deleting from the Railway reservation and reserving the same for Development Plan Road.
The appellant approached the High Court challenging the correctness of the said notification.
The High Court dismissed the writ petition.
Finding of the Court:
Reservation has lapsed. It is not open to State Government to modify the same.
Result: Appeal allowed.
JUDGMENT :-
V. GOPALA GOWDA, J.
Leave granted.
2. The appellant whose land bearing CTS Nos. 31(pt), 7 (pt), 70 to 78, 80(pt) and 81, measuring 2188 sq. mtrs. at Vikhroli were reserved in the Development Plan in the year 1991 for acquisition by the Ministry of Railways for laying additional railway tracks between “Thane and Kurla”, has questioned the correctness of the notification dated 5.8.2008 issued by the Urban Development Department of the respondent No. 1-State Government under Section 37(1) of the Maharashtra Regional Town Planning Act (for short “the MRTP Act”) proposing the modification in the Development Plan deleting the reservation of land in question from Railway reservation and adding reservation for Development Plan Road, before the High Court of Bombay questioning the power of the State Government regarding the proposed modification in the Development Plan after the period of 10 years specified under Section 127 of the MRTP Act, was expired and the State Government has failed to take steps for acquisition of the land involved in these proceedings reserved for the purpose of laying additional railway tracks between “Thane and Kurla”, which was not interfered with by the High Court by recording its reasons in the impugned order dated 12.12.2011, passed in the Writ Petition No. 2274 of 2011, is under challenge in these proceedings, urging various legal contentions.
3. The brief facts of the case are as under:-
In the year 1991, appellant’s land in question were reserved under the Sanctioned Development Plan of Greater Mumbai for acquisition of respondent No.2 herein – Union of India, Ministry of Railways for laying down additional Railway tracks between “Thane and Kurla”.
No steps were taken by the concerned authorities despite passing of 10 years period as contemplated under Section 127 of the MRTP Act to acquire the reserved land of the appellant. The appellant has issued the purchase notice under the said Section on 04.09.2002 to the respondent No.2 - Ministry of Railways stating that if, the Ministry of Railways is in need of the land in question, the same may be acquired by them, and if the same is not required, a clarification to that effect may be issued.
4. After issuance of the said notice, the period of 6 months as prescribed under Section 127 of the MRTP Act, was expired on 3.3.2003, thus, the reservation of the land in question was deemed to be released.
5. Having got no reply from respondent No. 2, the appellant again wrote a letter dated 2.10.2004 to respondent No.1 for de-reservation of the land if the same is not required by them.
6. On 1.11.2004, the respondent No. 2 - Ministry of Railways informed the Urban Development Department of State that there was no proposal for acquisition of reserved land for railway development works in the Railways in the near future.
7. The appellant, on 5.1.2005, wrote to the Urban Development Department of the State Government requesting for suitable steps in view of clarification letter dated 1.11.2004 issued by respondent No. 2 and requested it for expediting the process of deleting the reservation of the land in question.
8. The Urban Development Department of the State Government has issued the notification on 24.5.2006 under Section 37(1) of the MRTP Act, proposing the modification to the Development Plan by deleting “Railway reservation” and adding “Reservation for DP Road”. The land which was reserved earlier in the Development Plan for railway line, the period of 10 years and 6 months after issuing notice was lapsed, now proposed to be reserved for Development Plan Road. The same was followed by another notification issued by the State Government under Section 37(1) of the MRTP Act dated 5.8.2008 for modification of the land deleting from the Railway reservation and reserving the same for Development Plan Road.
9. Being aggrieved by the said notification dated 5.8.2008 proposing the modification of reservation of the land in question from the Railway line to Development
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