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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D. Dhanuka, Kamal Khata, JJ.
Dr. Ramrao Sopanrao Gondkar - Petitioners
Versus
Nasik Municipal Corporation for Greater Mumbai - Respondents
Writ Petition No. 6331 Of 2008 with Interim Application No.10057 Of 2022 with Civil Application No.1893 Of 2011
Decided On : 18-10-2022
Reservation - Land Acquisition - Maharashtra Regional Town Planning Act - Section 127, Land Acquisition Act - Section 6 - 294 - The reservation of the writ land lapsed upon the expiry of the prescribed period from service of the purchase notice under section 127 of the MRTP Act. The steps towards acquisition can only be said to really commence when the State Government takes active steps for acquisition of the particular piece of land which leads to publication of declaration under section 6 of the Land Acquisition Act, 1894. The statutory right accrued to the owners cannot be taken away by making an attempt to impose a fresh reservation. The petition deserves to be allowed and is accordingly allowed in terms of prayer clauses (a), (b) & (c). The State Government is directed to notify the lapsing of the reservation by an order to be published in the Official Gazette as per the requirement of Section 127 (2) of the MRTP Act which shall be done as expeditiously as possible and preferably within a period of six months from today. If the petitioners submit fresh plans for building permission then the same be considered expeditiously.
Fact of the Case:
The petitioners sought a Writ of mandamus for a declaration that the reservation of their land stood lapsed due to the respondents' inaction within the prescribed period. They also sought a declaration that the acquisition proceedings initiated by the respondents stood lapsed, and consequently for return of possession of the land.
Finding of the Court:
The reservation of the writ land lapsed upon the expiry of the prescribed period from service of the purchase notice under section 127 of the MRTP Act. The steps towards acquisition can only be said to really commence when the State Government takes active steps for acquisition of the particular piece of land which leads to publication of declaration under section 6 of the Land Acquisition Act, 1894. The statutory right accrued to the owners cannot be taken away by making an attempt to impose a fresh reservation. The petition deserves to be allowed and is accordingly allowed in terms of prayer clauses (a), (b) & (c). The State Government is directed to notify the lapsing of the reservation by an order to be published in the Official Gazette as per the requirement of Section 127 (2) of the MRTP Act which shall be done as expeditiously as possible and preferably within a period of six months from today. If the petitioners submit fresh plans for building permission then the same be considered expeditiously.
Issues: The main issues were whether the reservation of the land stood lapsed due to the respondents' inaction within the prescribed period and whether the acquisition proceedings initiated by the respondents stood lapsed.
Ratio Decidendi: The reservation of the land lapsed upon the expiry of the prescribed period from service of the purchase notice under section 127 of the MRTP Act. The steps towards acquisition can only be said to really commence when the State Government takes active steps for acquisition of the particular piece of land which leads to publication of declaration under section 6 of the Land Acquisition Act, 1894. The statutory right accrued to the owners cannot be taken away by making an attempt to impose a fresh reservation.
Final Decision: The petition deserves to be allowed and is accordingly allowed in terms of prayer clauses (a), (b) & (c). The State Government is directed to notify the lapsing of the reservation by an order to be published in the Official Gazette as per the requirement of Section 127 (2) of the MRTP Act which shall be done as expeditiously as possible and preferably within a period of six months from today. If the petitioners submit fresh plans for building permission then the same be considered expeditiously.
JUDGMENT :
[Kamal Khata, J.]
1. Rule. Respondents waive service. Rule is returnable forthwith.
2. The present petition is filed under Article 226 of the Constitution of India for a Writ of mandamus for a declaration that the reservation of the land belonging to the petitioner stood lapsed as no steps have been taken by the respondents within a period of 6 months from the date of Purchase Notice given to the respondent No. 1 under section 127 of the Maharashtra Regional Town Planning Act. (referred as “MRTP Act”).
3. The petitioners have also prayed for a declaration that the acquisition proceedings initiated by the respondents on the basis of the notification dated 16th June 2006 under Section 6 of the Land Acquisition Act stood lapsed, and consequently for return of possession of the land.
BRIEF FACTS:
4. The petitioners are the owners of the land bearing Survey no. 197/1K/B/1 & 2 admeasuring 81 Ares situated and abutting National Highway No.3, Bombay Agra Road, Nashik (referred as “the writ land”). The writ land had initially been notified in the Development Plan as “reserved for Stadium” and “60 ft. vide service road” under reserved No.294 on 28th June 1993.
5. It is the case of the petitioners that they could not develop their land on account of the reservation for a period of 10 years i.e. up to 28th June 2003 within which period the respondents had a statutory obligation to acquire the said land. Since, even after the expiry of the statutory period, the respondents failed to acquire or even take steps towards the acquisition, the petitioners through their Advocate issued a Purchase Notice dated 5th December, 2003 under section 127 of MRTP Act calling upon the respondents to acquire the writ land.
6. It is the case of the petitioners that no steps were taken for the purpose of acquisition of the said land within a period of 6 months from the reciept of such notice, and thus the reservation stood lapsed.
7. Being aggrieved by the inaction on the part of the respondents in not notifying the lapsing of reservation of the writ land under section 127 of the MRTP Act, even though the statutory period ended on 5th June 2004 and for various other reliefs, the petitioners filed the present Petition on 22nd July 2008.
8. A reply is filed by one Ramchandra B Pawar on behalf of respondents no.2 to 4 on 20th September 2008. It is the case of the Respondent that the statutory period of limitation for finalising the award is a period of 2 years under the Land Acquisition Act. There is no limitation for finalising the award under section 126 (4) of MRTP Act read with section 6 of Land Acquisition Act. According to the Respondents the land acquisition proceedings had been initiated within a period of 6 months of service of the Purchase Notice by communicating the land acquisition proposal bearing sr. no. 197p by the issuance of letter no. 426 of 2004 dated 24th May 2004 by the Nashik Municipal Corporation. It is the case of the Respondents that after the compliances were complied with from TILR, ADTP and ULC, a notification under section 6 of the Land Acquisition Act was published on 29th June 2006 and joint measurements maps were resubmitted by the Assistant Director of Town Planning to, Taluka Inspector of Land Record by letter bearing No. ADTP-1798, dated 29th August 2007. Thereafter, draft award was prepared on 10th June 2008 and sent to the Collector Nasik for sanction on 17th June 2008. Subsequently, a rectification notification was published on 1st May 2008. Consequently, in view of the aforesaid facts, the petition deserves to be dismissed.
9. Mr. Joshi the learned counsel for the petitioners, drew our attention to the alleged steps taken by the respondents after the issuance of the Purchase Notice dated 5th December 2003. He submitted that a notice dated 19th July 2006 was addressed by the respondent No. 2 under Section 9 (1) calling upon the petitioners to claim compensation under section 90 of the MRTP Act. The petitioners’ Advocate, by
The reservation of land and acquisition proceedings can lapse if the prescribed period from service of the purchase notice under section 127 of the MRTP Act expires without the necessary steps being ....
The main legal point established in the judgment is that the reservation of land under the MRTP Act can lapse if the necessary steps for acquisition are not taken within the statutory period, and sub....
The main legal point established in the judgment is that the reservation on the land would lapse if the Planning Authority failed to take steps within the specified period, and acquisition would only....
The court established that under Section 127 of the MRTP Act, failure to initiate acquisition steps within the statutory period results in automatic lapsing of land reservation.
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
Failure of authorities to act on statutory notice for land acquisition leads to lapsing of reservation under the M.R.T.P. Act.
Failure to acquire land within stipulated time under MRTP results in automatic lapse of reservation, protecting owner's rights.
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.
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