IMPORTANT POINT
The court established that under Section 127 of the MRTP Act, failure to initiate acquisition steps within the statutory period results in automatic lapsing of land reservation.

JUDGMENT :

Kamal Khata, J.

1. Rule.

2. Rule made returnable forthwith. Heard finally at the admission stage by consent of counsel.

3. Aggrieved and dissatisfied by the inaction on the part of the Respondents and their failure to follow the provisions of Maharashtra Regional and Town Planning Act 1966 (MRTP) by not issuing the notification of lapsing of Reservation No. 51 as “Garden”, the Petition under Article 226 of the Constitution of India 1950 is filed.

4. This Court, in the case of Uday Madhavrao Patwardan & Ors vs Sangli Miraj Kupwada City Municipal Corporation, Sangli & Ors. (2015) SCC OnLine Bom 659, had held that there is no need for the owner to seek a declaration of the lapsing of reservation from the court, the relevant paragraph 16 reads thus:

“16. … After service of a valid notice under section 127 to either the Appropriate Authority or the Planning Authority, as the case may be, if steps as contemplated by section 127 are not taken within the period stipulated in the section the reservation shall be deemed to have lapsed and the land in respect of which the notice is issued shall be deemed to be released from the reservation. Thus, by operation of law the land stands released from the reservation and the Planning Authority or Appropriate Authority cannot treat the land as reserved. In fact there is no need for the owner to seek a declaration from the court of law on the basis of notice under section 127. The effect of lapsing of reservation on the basis of the notice is automatic…..”

(Empahasis added)

5. This judgment was passed in 2015. The law is abundantly clear. The Petitioner requested all the concerned authorities to effect such lapsing. In spite of this well-settled and laid-down law, the notification was not published. Thus, this Petition.

Factual matrix:

6. The Petitioner owns the property bearing Gat no. 53/1, admeasuring 175.58 sq mts (part) Gat no. 54/1, admeasuring 607 sq mts, and Gat no. 54/1, admeasuring 505 sq mts, situated at Village Mangrul, Taluka Ambernath, District Thane presently located within the local jurisdiction Kulgaon Badlapur Municipal Council (“said lands”). The factual narrative is thus:

7. Under the draft development plan of Kulgaon Badlapur Municipal Council published in 2000 and sanctioned on 25 July 2005, the said lands of the Petitioner were reserved as “Garden” vide Reservation No. 51. The Mumbai Metropolitan Development Authority (MMRDA) established under Section 40(1)(C) of the MRTP was the Special Planning Authority for Ambernath-Kulgaon Badlapur and surrounding areas.

8. Obviously, the Petitioner could not utilise the potential of their said lands. Admittedly, for about 15 years, starting from 25 July 2005 to October 2020, the said lands remained under reservation. Further, admittedly, no steps have been taken for acquisition by either any agreement or by publication of declaration as contemplated under Section 126 of the MRTP Act.

9. On 22nd October 2020, the Petitioner issued and served a Purchase Notice under Section 127(1) of the MRTP Act upon the Respondents. Copies of the purchase notice are annexed at Exhibit ‘B’ of the Petition at pages 19 to 48. The Petitioner received two communications dated 24th November 2020 and 23rd May 2022 from MMRDA. According to the communication, Respondent Nos. 4 and 5 were directed to initiate steps concerning the purchase notice and to complete the procedure within the time-bound programme. The two-year statutory period after the issuance of the purchase notice ended on 21st October 2022.

10. Mr Mhatugade, learned counsel for the Petitioner, submitted that the Petition was filed on 19th April 2023, aggrieved by the respondents' inaction.

11. Mr Shinde, for Respondent No. 3, relying on the Affidavit of Mr Bhushan H (planner with MMRDA), submitted that as per Chapter 20 of the General Gazette (Notification bearing no. TPS 1209/1777/CR-53/10/UD-12) of the Government of Maharashtra in respect of implementation of development plan for Ambernath, Kulg