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IN THE HIGH COURT OF BOMBAY
Prithviraj K.Chavan, Urmila Joshi Phalke, JJ.
Pralhad Tulsiram Bundele - Appellant
Versus
State of Maharashtra - Respondent
Writ Petition No. 8258 of 2022
Decided On : 20-10-2023
LAPSING - Maharashtra Regional and Town Planning Act - Sec. 127, Sec. 126, Sec. 49 - The court interpreted Sec. 127 of the Maharashtra Regional and Town Planning Act, which provides for the lapsing of land reservations if not acquired within a specified timeframe. The court emphasized the importance of timely action by authorities to avoid arbitrary deprivation of landowner rights. The failure to publish necessary notifications within the statutory period led to the conclusion that the reservation had lapsed, allowing the petitioner to develop the land as per adjacent land use.
Fact of the Case:
The petitioner owned land reserved for a garden and later a playground under the development plan of Achalpur. After applying for development approval, the technical sanction was withdrawn due to the land's reservation status. The petitioner issued notices under Sec. 127 of the MRTP Act, claiming the reservation had lapsed due to the authorities' inaction in acquiring the land within the statutory period.
Finding of the Court:
The court found that the authorities failed to take necessary steps for land acquisition within the statutory period of 24 months after the notice was served. The reservation of the land was deemed to have lapsed, allowing the petitioner to develop the land as per the adjacent land use.
Issues: Whether the reservation of the petitioner's land had lapsed under Sec. 127 of the MRTP Act due to the failure of the authorities to initiate acquisition proceedings within the statutory timeframe.
Ratio Decidendi: The court held that the provisions of Sec. 127 of the MRTP Act are designed to protect landowners from indefinite reservations. The failure to publish necessary notifications and take steps for acquisition within the stipulated time resulted in the lapsing of the reservation.
Final Decision: The writ petition was allowed, declaring that the reservation of the petitioner's land had lapsed, and directed the State Government to notify this lapse in the Official Gazette within six weeks.
JUDGMENT/ORDER
PRITHVIRAJ K.CHAVAN, J. - Rule.
2. Rule is made returnable forthwith and taken up for final hearing by consent of learned Counsel for the parties.
3. The petitioner has made following substantive prayers:
(B) Direct the respondents to notify and publish in the official Gazette within eight weeks or within a period as may be specified by this Hon'ble Court for issuing notification under Sec. 127 sub-sec. (2) the lapsing and declare that the reservation for purpose of Garden vide Reservation no.57 as per 1st revised development plan and reservation for purpose of Play Ground vide Reservation no.57 as per the Excluded Part of the Development plan affecting the land owned by the petitioner of Survey no.31/4, area admeasuring 1.09HR Village Khel Traymbak Narayan Tq. Achalpur Dist. Amravati has lapsed or within a period as may be specified by this Hon'ble Court."
4. Shorn of unnecessary details, a few facts germane for disposal of this petition, are summarized as under.
5. Petitioner is the owner and person interested in the development of land bearing Survey No.31/4, area admeasuring 1.09HR Village Khel Traymbak Narayan, Tq. Achalpur, Dist. Amaravati. (Hereinafter, the said land shall be referred to as "subject land" for the sake of brevity).
6. First Revise Development Plan for the city of Achalpur was published in the Government Gazette vide Order No. TPS2899/7639/CR-123/(A)/99/UD-30 dtd. 15/1/2003. It came into force with effect from 1/3/2003. In the said development plan, respondent No.3 reserved the subject land for the purpose of a garden vide Reservation No.57.
7. Further, excluded part of the Development Plan was published in the Government Gazette vide Order No. TPS/2803/181/CR-355/New-30 dtd. 17/7/2004 which came into force with effect from 1/9/2004. In the excluded part of the Development Plan, the purpose from garden has been changed to a play ground vide Reservation No.57.
8. On 20/7/2020, the petitioner moved an application under Sec. 44 of the Maharashtra Regional & Town Planning Act, 1966 (for short "MRTP Act") r/w Sec. 42A of the Maharashtra Land Revenue Code, 1966 (for short "MLR Code") as he was interested in development of the subject land with all relevant documents. After scrutiny of the documents and accepting necessary fees, respondent No.3 granted technical sanction under Sec. 45 (2) of the MRTP Act on 5/12/2019 qua the subject land.
9. Matter was referred to Deputy Superintendent of Land Records for demarcation. After paying scrutiny fee, development charges etc, respondent No.3 came to know after lapse of 33 days that the subject land was reserved for the above stated purpose. As such, on 7/1/2020, respondent No.3 vide letter No.104 informed the petitioner that technical sanction of the layout which was granted to the petitioner has been withdrawn as the said land has been reserved for the purpose as stated above.
10. It is contended that after rejection due to operation of Sec. 46 of the M.R.T.P Act, it was not practically possible for the Planning Authority to grant permission to the petitioner in contravention of the development plan of Achalpur city. It is, inter alia, stated that the rejection of technical approval was passed sans an opportunity of being heard to the petitioner by respondent No.3.
11. The technical approval dtd. 5/12/2019 and rejection of technical approval dtd. 7/1/2020 were su
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....
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 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 ....
The court established that failure to act within statutory timelines for land acquisition results in the lapsing of reservations, allowing landowners to utilize their property.
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
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Failure to initiate acquisition proceedings within the stipulated time under the MRTP Act results in lapsing of land reservation, allowing the owner to develop the property.
Failure of the planning authority to acquire land within statutory timelines results in the lapse of the reservation under the Maharashtra Regional and Town Planning Act.
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