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M. S. SONAK, KAMAL KHATA
Sakharam Mahadev Jadhav, Since deceased his Legal Heirs Shri. Kailash Sakharam Jadhav – Appellant
Versus
State of Maharashtra – Respondent
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:
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.
The main legal point established in the judgment is that the reservation on the land would lapse if the Planning Authority failed to take steps within the specified period, and acquisition would only....
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 reservation of land and acquisition proceedings can lapse if the prescribed period from service of the purchase notice under section 127 of the MRTP Act expires without the necessary steps being ....
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.
Failure to acquire land within stipulated time under MRTP results in automatic lapse of reservation, protecting owner's rights.
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.
Failure to acquire land within the statutory period leads to lapsing of reservation, and fresh reservations cannot negate accrued rights of landowners.
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