The main legal point established in the judgment is that once land is released from reservation under section 127 of the MRTP Act, planning authorities have no jurisdiction to re-reserve the same subsequently. The judgment also emphasizes the importance of strict construction of statutory interdicts on property enjoyment and the need for statutory authorization for land re-reservation.

JUDGMENT :

DIPANKAR DATTA, J.

1. The first petitioner is the mother of the second and the third petitioners. They claim to be owners of land bearing Survey No. 362/2B1, admeasuring 1 H 44 R, situated at Chalisgaon, Tq. Chalisgaon, District Jalgaon.

2. The development plan for Chalisgaon sanctioned in the year 1989 provided reservation for a “play-ground” to the extent of 1813.43 square meters of Survey No. 362/2B1.

3. Despite lapse of two decades after sanction of the said development plan, no proceedings were initiated by the respondents to acquire the part of Survey No. 362/2B1 which was reserved for a “play-ground.” On 19th July, 2013, the petitioners invoked the provisions of section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereafter “MRTP Act” for short) by service of notice upon the planning authority, i.e. Chief Officer, Municipal Council, Chalisgaon, District Jalgaon, respondent no. 4. He was called upon to initiate proceedings under section 126 of the MRTP Act read with section 6 of the Land Acquisition Act, 1894.

4. Since no action was initiated by the respondent no. 4 despite due receipt of the aforesaid notice on 19th July, 2013, the petitioners instituted a writ petition before this Court (W.P. No. 9897/2014), seeking an order on the respondents to de-reserve 1813.43 square meters of Survey No. 362/2B1 (Part) situated at Chalisgaon, District Jalgaon and for that purpose, issue necessary orders. It was also prayed that reservation of part of Survey No. 362/2B1 from the development plan be deleted.

5. Such writ petition along with a companion writ petition instituted by separate land owners seeking similar de-reservation of their lands, which were reserved in the final development plan prepared by the Council, came up for consideration before a coordinate Bench of this Court on 4th February, 2015. It was noted by the Bench that the petitioners had issued due notice as contemplated under section 127 of the MRTP Act, calling upon the planning authority either to acquire the property under reservation within the time stipulated in the relevant section or to release the same. The Bench, for the reasons recorded while disposing of another writ petition (W.P. No. 9896/2014) allowed W.P. No. 9897 of 2014. The order that followed reads as under:

“3......... Reservation, allotment or designation specified in the development plan in respect of land belonging to the petitioners shall be deemed to have come to an end and the land shall be deemed to have come to an end and the land shall be deemed to have become available to the owner for the purpose of development or otherwise permissible in law of adjacent land under relevant plan.

4. The Respondents are directed to issue notification as contemplated by Section 127 (2) of the M.R.T.P. Act, as expeditiously as possible, preferably within a period of six months from today.”

6. In compliance with the order dated 4th February, 2015, the Government of Maharashtra in the Urban Development Department issued an order dated 26th July, 2016, in exercise of powers conferred by section 127 of the MRTP Act and all other powers enabling it in that behalf. It was notified that reservation of part of Survey No. 362/2B1 to the extent of 1813.43 square meters, referable to “site no. 99 ‘play ground’ (partly)” had since lapsed from the sanctioned development plan of Chalisgaon Municipal Council (Revised) and the said land shall be available to the land owner for the purpose of development as otherwise permissible in the case of adjacent land under the said development plan.

7. It is the pleaded case of the petitioners that with a mala-fide intention, the respondent no. 4 had in the meanwhile submitted a proposal for revised development plan and the same was sanctioned on 6th March, 2016. In such revised development plan, part of Survey No. 362/2B1 to the extent of 1813.43 square meters which was earlier reserved and reservation in respect whereof had lapsed, was again shown to be reser