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SUNIL B. SHUKRE, G. A. SANAP
Urban Township Pvt. Ltd. – Appellant
Versus
Nagpur Municipal Corporation – Respondent
JUDGMENT/ORDER
SUNIL B.SHUKRE, J. - Rule. Heard finally by consent of the learned counsel for the parties.
2. The petitioner, a Company duly incorporated under the provisions of the Companies Act, 1956, has filed this petition seeking declaration that the reservation in the Development Plan for City of Nagpur for Primary School, bearing Reservation Nos.MN 92 and N 139, admeasuring about 4907 sq.mtrs. and 11037 sq.mtrs. respectively, out of Survey Nos.2-3/1 and 2-3/4 of Mouza Chikhli (Deosthan), Tahsil and District Nagpur, has lapsed under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act") and the petitioner- Company is free to develop the land belonging to it in accordance with law. It has also prayed for issuance of Notification under Sec. 127(2) of the MRTP Act for lapsing of the reservation under Sec. 127 of the MRTP Act.
3. The factual canvass of the petition, presented in it's minimalist form, is as under :
The court established that under Sec. 127 of the MRTP Act, a land reservation lapses if the planning authority fails to initiate acquisition proceedings within the specified time after a purchase not....
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 once land is released from reservation under section 127 of the MRTP Act, planning authorities have no jurisdiction to re-reserve the same sub....
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 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....
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....
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