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S. G. CHAPALGAONKAR, MANGESH S. PATIL
Vinod Ramnarayan Agrawal – Appellant
Versus
State of Maharashtra, Through The Secretary – Respondent
JUDGMENT :
Mangesh S. Patil, J.
1. Heard. Rule. The Rule is made returnable forthwith. With the consent of both the sides, the matter is heard finally.
2. In this petition under Article 226 of the Constitution of India, the petitioners in substance are seeking the reservation placed on their property bearing Sy. No. 466/2+3 of village Mehrun Tq. & Dist Jalgaon to the extent of 1421.75 square meters reserved for 18 meter wide development plan road of the respondent No. 5-Municipal Corporation as having lapsed as contemplated under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter the M.R.T.P. Act).
3. It is averred that the petitioners are owners of the aforementioned entire land and got its layout duly approved when the respondent No. 5 was a Municipal Council, on 19.08.1997. After its transformation as a Municipal Corporation, a development plan was sanctioned by the Government in two phases, first on 07.03.2002 and in respect of the excluded part, on 10.08.2004. In such development plan, a portion to the extent mentioned herein above was reserved for 18 meter wide development plan road. Since no steps were taken towards acquisition of the petitioners
The main legal point established in the judgment is that under Section 127 of the Maharashtra Regional Town Planning Act, 1966, if no steps for the acquisition of land reserved for public purposes ar....
The court established that a land reservation does not lapse automatically after ten years without a notice from the landowner, and revised plans do not invalidate existing reservations.
The main legal point established in the judgment is that under Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976, if the land is not acquired within the specified period, the....
The main legal point established in the judgment is that the reservation of land under the Maharashtra Regional Town Planning Act can lapse if the acquiring authority fails to take steps for acquisit....
Reservation of land under MRTP Act lapses when authorities fail to act within statutory periods, with no retrospective effect from amendments extending timelines.
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 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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