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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. GADKARI, KAMAL KHATA, JJ
Shankar Newandram Budhwani – Appellant
Versus
Chief Officer, Vita Municipal Council – Respondent
JUDGMENT :
(A.S. GADKARI, J.) :
1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the respective parties, the Petition is taken up for final hearing.
2) Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India, for a writ of mandamus, for direction to declare that, the Notice dated 20th January, 2020 (Exh-“B”) and revised Notice dated 6th March, 2020 (Exh-“C”) issued by the Petitioner to Respondent No.1 under Section 127 of the Maharashtra Regional Town Planning Act, 1966 (“MRTP Act”), to be legal and valid and reservation on the property of the Petitioner bearing Gat No. 51, H. No. 2/2/2, area H.R 0- 55, Assessment 1/06, situated at Yashawant Nagar, Vita, Taluka Khanapur, District Sangli, having reservation No.136, (“suit land” ) has lapsed by operation of law and for other consequential reliefs.
3) Heard Mr. Sandesh Patil learned Advocate for the Petitioner, Mr. Nandu Pawar learned Advocate for the Respondent No.1 and Ms. Rupali Shinde, AGP for the Respondent Nos.2 and 3. Perused entire record.
4) Brief facts:-
(i) Mr. Newandram M. Budhwani i.e. the father of Petitioner, owns landed property bearing Gat No. 51,
The court held that a reservation under the MRTP Act lapses if the authority fails to acquire the land within ten years, as mandated by Section 127.
The court held that failure of the Planning Authority to take effective steps for land acquisition within the statutory period results in the lapsing of the reservation under the MRTP Act.
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
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.
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 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 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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