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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. Gadkari, Kamal Khata, JJ
Babubhai Shankarlal Mehta – Appellant
Versus
State Of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petitioners own land (Para 1 , 2 , 3) |
| 2. further communication from adtp (Para 4) |
| 3. adtp's reply to the petition (Para 5) |
| 4. failure to file reply (Para 6) |
| 5. inaction by respondent no.2 (Para 7) |
| 6. legislative intent on acquisition (Para 8) |
| 7. steps for acquisition defined (Para 9) |
| 8. petition allowed (Para 10) |
| 9. notification to be published (Para 11) |
| 10. development of property permitted (Para 12 , 13) |
JUDGMENT ::
A.S. GADKARI, J.
1. By this Petition under Article 226 of the Constitution of India, the Petitioners have prayed for writ of mandamus or any other writ or Order or direction in the nature of mandamus thereby declaring that the Reservation Nos. 11/53 and 11/54 imposed on the property of Petitioners bearing Gat No. 105/2+3 situated at Village Bale, Taluka North Solapur, District Solapur (for short, “suit property”) and within the limits of Solapur Municipal Corporation has lapsed, as contemplated under the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, “MRTP Act”) and for a direction to the Respondent No.1, State, to publish a Notification under Section 127 (2) of the MRTP Act, notifying that, the Reservation Nos. 11
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.
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.
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 to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
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.
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 ....
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.
The main legal point established in the judgment is that under Section 127 of the Maharashtra Regional Town Planning Act, 1966, if no steps for the acquisition of land reserved for public purposes ar....
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