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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. Gadkari, Kamal Khata, JJ
Shri Shamrao Nanaso Shingan – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Kamal Khata, J.
1) By this Petition under Article 226 of the Constitution of India, the Petitioner who is the owner of land bearing Survey No.261/5B admeasuring 3300 sq. mtrs. situated at Malkaur Nagar Parishad, Taluka Karad, Dist. Satara (‘writ land’) is challenging the rejection of the Petitioner's plan for development, although the reservation on the writ property has lapsed, on account of failure to acquire the writ property.
2) We have heard both counsel and have perused the papers and proceedings.
3) Mr. A.S. Rao, learned Advocate for the Petitioner draws our attention to the Purchase Notice dated 26th April, 2019 issued by the Petitioner under Section 49(1) of the Maharashtra Regional and Town Planning Act, 1966 (‘MRTP Act’) which was confirmed by the Government of Maharashtra as per Section 49(4) of the MRTP Act vide its Order dated 23rd October, 2019. As per the mandate of Section 49(7) of the MRTP Act the Respondent No.2 ought to have made an Application to acquire the land as required under Section 126 of the MRTP Act within a period of 1 year from the date of confirmation of the Purchase Notice. That period expired on 22nd October, 2020. Admittedly no steps were
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 the appropriate authority to acquire land within one year of confirming a purchase notice results in the lapse of reservation, allowing the landowner to develop the property.
Failure to acquire land within the statutory period leads to lapsing of reservation, and fresh reservations cannot negate accrued rights of landowners.
Confirmation of purchase notice by the State Government and failure to act by the Municipal Corporation led to the lapse of reservation under the Maharashtra Regional and Town Planning Act.
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....
Failure of authorities to act on statutory notice for land acquisition leads to lapsing of reservation under the M.R.T.P. Act.
Acquisition of Land for development Plan - Possession of Land not taken - Hence proceedings lapsed.
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.
Acquisition of land – Land owner cannot be deprived of use of land for years together – Once an embargo has been put on a land owner not to use land in a particular manner, said restriction cannot be....
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