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VIBHA KANKANWADI, Y. G. KHOBRAGADE
Nandkishor S/o. Babulal Agrawal – Appellant
Versus
State of Maharashtra, Through the Secretary of Urban Development Department – Respondent
Based on the provided legal document, the main legal points are as follows:
Reservation Under Development Plans Must Follow Proper Procedure: The court emphasized that objections to land reservations made under development plans must be pursued through the appropriate legal channels. Delays in approaching the court can adversely affect the validity of such objections (!) .
Timeliness and Challenge to Rejection of Objections: The petitioner’s objections were rejected by the planning committee, and the subsequent approval of the development plan by the government was found to be within legal bounds. The court highlighted that the petitioner did not challenge the rejection of objections before any competent authority and approached the court after a significant delay (7 years), which impacted the case’s merit (!) (!) .
Validity of Reservation and Sanctioned Development Plan: The court held that the reservation of land under the second revised development plan was valid, as the process was carried out following the due procedures prescribed under the relevant statutes. The approval and sanction by the government were within the legal framework, and the petitioner’s objections did not warrant setting aside the reservation (!) (!) .
Effect of Delay and Laches: The court dismissed the petition on the grounds of delay and laches, noting that the petitioner’s failure to challenge the planning authority’s decisions in a timely manner weakened their case (!) (!) .
Legal Recourse for Rezervation or Dereservation: The law provides specific procedures under the relevant statutes for modifying or derevolving reservations, such as issuing notices under certain sections or following prescribed procedures for modification. The petitioner’s failure to utilize these procedures was a reason for the dismissal of the petition (!) .
Reservation Lapsing Due to Non-Acquisition: The court clarified that reservations can lapse if the land is not acquired within the stipulated period (typically ten years) from the finalization of the development plan, and there is no evidence that such acquisition was not undertaken or that the reservation was invalid due to non-compliance with this requirement (!) .
Sanction of Layout and Construction: The petitioner’s layout plan was sanctioned on a temporary basis, with conditions for final approval. The absence of subsequent final approval undermined the petitioner’s claim that their construction rights were fully established, impacting their challenge to the reservation (!) (!) .
In summary, the court upheld the reservation’s validity, emphasizing adherence to procedural requirements, timeliness in legal challenges, and the importance of following statutory procedures for any modifications or derecognition of reservations.
JUDGMENT :
Y.G. Khobragade, J.
1. Rule, made returnable forthwith. With the consent of both the sides, the matter is heard finally at the stage of admission.
2. By the present petition under Article 226 and 227 of the Constitution of India, the petitioner, who is owner of land Survey No. 505/04 situated at Dhule, Tq. & Dist. Dhule, prayed for quash and set aside reservation on land admeasuring 67 R which has been made vide Entry No. 178 under the second revised development plan of the Dhule Municipal Corporation under section 26(1) of the Maharashtra Regional & Town Planing Act, 1966 (hereinafter referred to as' the Act').
3. Mr. C.R. Deshpande, learned counsel appearing for the petitioner submitted that, the petitioner is owner of land survey No. 505/04 admeasuring 1.07 H. R and out of said land 67 R land reserved under second revised development plan. The respondent No.2 published second revised development plan on 09.09.2005 and shown 67 R land of the petitioner reserved for transport and truck terminus in second revised development plan. But prior to that, on 01.02.2005, the respondent No.2 published Notice under section 23 of the Act in the Government Gazette. Thereafter, on 23.12
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