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J. B. PARDIWALA, R. MAHADEVAN
Nirmiti Developers Through Its Partners – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
J.B.PARDIWALA, J.
1. Leave granted.
2. These captioned appeals arise from an order passed by the High Court of Judicature at Bombay, Nagpur Bench, dated 09-02-2017 in Writ Petition No.1935/2016 by which the Writ Petition filed by the appellants – herein came to be disposed of reserving liberty for the appellants to take necessary steps as open to them in law.
3. The facts giving rise to these petitions may be summarized as under.
4. The subject-matter of this litigation is a vacant plot of land admeasuring 50,138 sq.ft (46.5 R) in Survey No. 81/3 (New) 3 (old) in Mouza Rajapeth, Amravati, Maharashtra. This plot originally was jointly owned by Smt Akhtar Bano Rashid, Abdul Majid A. Samad & Mohammad Sajid A. Samad (previous owners) respectively, and formed part of the larger plot admeasuring 2.47 Hectare. The property in question is situated within the municipal limits of Respondent No.3 – herein.
5. The erstwhile owners had submitted a lay-out plan for development of 2.47 hectare to Respondent No.3. The Respondent No.3 sanctioned the development plan for the residential area and the remaining area admeasuring 50,138 Sq.ft. was reserved for Government school.
6. On 25-02-1993, a
The court established that failure to act within statutory timelines for land acquisition results in the lapsing of reservations, allowing landowners to utilize their property.
Failure of the planning authority to acquire land within statutory timelines results in the lapse of the reservation under the Maharashtra Regional and Town Planning Act.
Reservation of land lapses under Section 127 of the Maharashtra Regional and Town Planning Act when no acquisition steps are taken within the specified period after a purchase notice is served.
![Sopan Trambak Wani Vs Director Of Town Planning, ] Maharashtra State, Central Bldg., Pune - 2025 Supreme(Bom) 149](https://supremetoday-s3.b-cdn.net/Bombay_2.png)
Failure to initiate acquisition proceedings within the stipulated time under the MRTP Act results in lapsing of land reservation, allowing the owner to develop the property.
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
The main legal point established in the judgment is that the reservation of land under the MRTP Act can lapse if the land is not acquired within the prescribed period, and the government is duty-boun....
The court held that failure of the Planning Authority to take effective steps for land acquisition within the statutory period results in the lapsing of the reservation under the MRTP Act.
The court held that a reservation under the MRTP Act lapses if the authority fails to acquire the land within ten years, as mandated by Section 127.
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