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SUNIL B. SHUKRE, M. W. CHANDWANI
Chinmay Gurunath Parale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.W. CHANDWANI, J.
Rule. Rule made returnable forthwith. Heard finally by consent.
2. The petition seeks to invoke the deeming fiction of lapsing of reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “MRTP Act”).
3. The land in question has been reserved for children's play park under reservation no.8/31 by respondent no.3 in development plan (hereinafter referred to as “D.P. Plan”) published on 15.12.2004. The petitioner purchased the said land vide Sale Deed dated 30.12.2012. Since, for a period of more than 10 years, respondent no.3 did not take any step for acquisition of the petitioner’s land, the petitioner served a notice dated 21.02.2018 under Section 127 of the MRTP Act to the respondent no.3 for purchase of petitioner’s land covered under the reservation for children's play park. Respondent no. 3 did not respond to the said purchase notice. After waiting for a period of more than 2½ years, the petitioner issued another notice on 17.11.2020, asking respondent no.1 for notifying lapsing of reservation due to non-acquisition of the land by respondent no.3 for the purpose of development of children's play p
Reservation lapses under Section 127 MRTP Act if no acquisition steps within 24 months of purchase notice, even if notice lacks title documents or detailed description, as authority's inaction deems ....
Reservation of land lapses under Section 127 of the Maharashtra Regional and Town Planning Act when no acquisition steps are taken within the specified period after a purchase notice is served.
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....
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....
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.
The main legal point established in the judgment is that the legislative intent behind the MRTP Act is to expeditiously acquire reserved land and safeguard the rights of landowners against arbitrary ....
Reservation of land under MRTP Act lapses when authorities fail to act within statutory periods, with no retrospective effect from amendments extending timelines.
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