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SUNIL B. SHUKRE, ANUJA PRABHUDESSAI, ANIL L. PANSARE
Shree Vinayak Builders & Developers – Appellant
Versus
State of Maharashtra – Respondent
JUDGEMENT :
1. This Bench has been constituted pursuant to an order dated 27th January, 2022 by a Division Bench of this Court, comprising of Hon’ble Mr. Justice Sunil B. Shukre and Anil D. Kilor, JJ. The Division Bench expressed disagreement with view taken by another Division Bench of this Court in the case of Asha Sunil Zawar vs. State of Maharashtra & Ors. (W.P. No.5938 of 2020). The Division Bench has referred the following questions for opinion of this Larger Bench:
(ii) If the planning authority has approved the request of the land owner for grant of monetary compensation or grant of TDR/FSI in lieu of compensation, can the land owner withdraw his request and thereby refuse or decline to surrender the land?
(iii) Can the grant of approval or passing of resolution by the authorities concerned for grant of TDR in lieu of monetary compensation be treated as a step for acquisition of land and thereby commencing the proceedings for acquisition of the land?
2. In a petition r
The acquisition under Section 126(1)(a) and (b) of the Maharashtra Regional & Town Planning Act, 1966 has to be by consensus between both the parties and not only at the option of the Acquiring Autho....
Point of Law : The opening words of sub-section 1(b) of Section 126, “in lieu of any such amount” clearly indicate that the discretion which land owner can exercise under sub-section 1(a), is equally....
Absence of agreement for TDR/FSI necessitates monetary compensation under the 2013 Act, as lawful acquisition processes were not followed.
Reservation of land under the MRTP Act lapses if the land is not acquired within ten years from the date of publication of the final Development Plan and no declaration under Section 19 of the Act of....
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 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....
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.
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.
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