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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. Gadkari, Kamal Khata, JJ
Sunil Laxman Dond – Appellant
Versus
Commissioner, Nashik Municipal Corporation – Respondent
JUDGMENT :
Kamal Khata, J.
1) Rule made returnable forthwith. By consent of parties, the Petition is heard finally.
2) Heard Mr. Shrishailya Deshmukh for the Petitioners; Mr. M.L. Patil for Respondent No.1 and Ms. M.P. Thakur, AGP for Respondent Nos.2 to 4. Perused entire record produced before us.
3) By this Writ Petition under Article 226 of the Constitution of India, Petitioners seek a declaration that, their land bearing Survey No.7A (part) Hissa No. 4A, village Chehedi Budruk (writ land) situated within the jurisdiction of Nashik Municipal Corporation (‘NMC’) be released from reservation in the final development plan. Additionally, they seek a declaration that the fresh reservation No.473 and 474 upon the writ land that is notified on 9th January 2017 is illegal in view of the purchase notice duly served on 3rd March 2014, and a direction to the State Government to issue a notification, in terms of Section 127 (2) of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’) within a period of 3 months, to declare lapsing of reservation on the writ land and to permit the Petitioners to develop their land in accordance with law.
BRIEF FACTS:
4) The Petitioners are residents of
Failure to acquire land within the statutory period leads to lapsing of reservation, and fresh reservations cannot negate accrued rights of landowners.
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....
Reservation in development plan lapses automatically under Section 127 MRTP Act upon notice if land not acquired within 10 years; no court declaration required; authorities must notify lapse promptly....
The failure of the authority to acquire land within the statutory period results in the lapse of reservation, allowing the landowner to develop the property.
Failure of authorities to act on statutory notice for land acquisition leads to lapsing of reservation under the M.R.T.P. Act.
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 ....
Failure to acquire land within stipulated time under MRTP results in automatic lapse of reservation, protecting owner's rights.
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