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A. A. SAYED, ABHAY AHUJA
Saurabh R. Shah – Appellant
Versus
Urban Development and Town Planning Department – Respondent
JUDGMENT :
ABHAY AHUJA, J.
1. Rule. Rule returnable forthwith. By consent of Counsel for the parties heard finally.
2. By this Petition filed under Article 226 of the Constitution of India, Petitioners are seeking a declaration from this Court that the reservation made on the land owned by the Petitioner on Survey No. 198, Hissa No. 3/2, situate at Village-Sandor, Bhabola Road, Taluka Vasai, District Palghar (the “said land”) within the limits of Vasai Virar Sub-Region, reserved for water bodies/20 meter water channel and 20 and 30 meters D.P. Road has lapsed and therefore, the said land be released from the reservation in accordance with the provisions under Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (the “MRTP Act”).
3. It is the case of Petitioner that the development plan for Vasai Virar was sanctioned on 9th February 2007. The said land along with structure standing thereon was purchased by Petitioner vide a deed of conveyance dated 6th September 2014. After the issuance of the Notification dated 9th February 2007, the Respondents No. 1 to 3 had not taken any steps under the provisions of Sections 126 and 127 of the MRTP Act for acquisition of the said land.
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 ....
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 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....
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.
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
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....
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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.
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