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A. A. SAYED, S. G. DIGE
Jawahar Hiralal Mehta through his Regd. Power of Attorney Holder Development Agreement dt. 25. 08. 1997 holder Mr. Majid A. Kadar Shaikh – Appellant
Versus
State of Maharashtra through the Principal Secretary, Urban Development Department Government of Maharashtra – Respondent
JUDGMENT :
S. G. Dige, J.
1. Rule, returnable forthwith. Heard finally by consent of the learned Counsel for the parties.
2. By this Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a declaration that the reservation of the Petitioner’s land under the development Plant of Solapur for 1997-2017 for the Elevated Service Reservoir (ESR) purposes under the reservation no. 16/6 - admeasuring 1543 sq.mtrs., situated at Survey No. 27/3 (part), Nehrunagar, Bijapur Road, Solapur, (for short “the said land”) has lapsed. Petitioner also prays for direction to the Respondents to forthwith notify the lapsing of reservation of lands in the Official Gazette as required under section 127(2) of the Maharashtra Regional & Town Planning Act, 1966 (for short, the “MRTP Act”) with further direction to the Respondent No.2-Municipal Corporation to grant the necessary development permission to the Petitioner, being the owner of the land, for the purpose of development as otherwise, permissible in the case of adjacent land under the Plan.
3. The Government of Maharashtra (Respondent No.1) vide its Notification dated 28th October, 2004 (Exhibit “A” to the Petition) sanctioned
The main legal point established in the judgment is that the legislative intent behind the MRTP Act is to expeditiously acquire reserved land and safeguard the rights of landowners against arbitrary ....
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....
Land in question had lapsed by operation of Section 127 of MRTP Act and land has become available to Petitioner to be used as permissible in law.
Reservation lapses under Section 127 MRTP Act if no acquisition steps within 24 months of purchase notice, even if notice lacks title documents or detailed description, as authority's inaction deems ....
The court established that under Sec. 127 of the MRTP Act, if land reserved for a public purpose is not acquired within a specified period after notice, the reservation lapses, allowing the landowner....
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.
The main legal point established in the judgment is that the reservation of land can lapse under section 127 of the MRTP Act if the acquiring body does not take any steps within the prescribed time. ....
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