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RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Vasantrao Digambarrao Salunke – Appellant
Versus
State of Maharashtra, Through the Secretary, Ministry of Urban Development Department – Respondent
JUDGMENT :
Ravindra V. Ghuge, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioner has put forth prayer clauses (A), (B) (i) and (ii), as under:-
(B) The Hon’ble High Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction in the nature of writ and thereby:
(i) Direct the respondents to initiate and complete the requisite proceedings as contemplated by Section 127(2) of the Maharashtra Regional and Town Planning Act, 1966 within a stipulated period in respect of writ property;
(ii) Direct the respondents to consider the development proposal of the pet
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.
Sanction of revised development plan after purchase notice but before 24-month expiry under MRTP Act Section 127 continues reservation for fresh 10 years, as no vested right accrues until period laps....
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 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 of land under MRTP Act lapses when authorities fail to act within statutory periods, with no retrospective effect from amendments extending timelines.
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 on the land would lapse if the Planning Authority failed to take steps within the specified period, and acquisition would only....
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