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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. GADKARI, KAMAL KHATA
Mohibullah Niyamatullah – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
A. S. G ADKARI, J.
1) Petitioners have invoked jurisdiction of this Court under Article 226 of the Constitution of India, for a writ of mandamus or any other appropriate writ, direction or Order, thereby seeking a declaration that, the Petitioners lands bearing Survey No. 116/4/B/1 situated at Golden Nagar, Malegaon, ad-measuring 0.211 H. & 1.382 H. respectively, that were designated/reserved for the purpose of ‘Parking and Garden’ under the reservation site Nos. 261 & 262, dated 15th September 2006 & 21st August 2009 have lapsed. Additionally, a declaration that, the said lands are released from the reservations, allotment or designation and have become available to the Petitioners for the purpose of development or otherwise, permissible in the case of adjacent land under the Development Plan and for other consequential reliefs, as per the provisions of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, “M.R.T.P. Act”).
2) We have heard Mr. Harit, learned counsel for Petitioners, Ms. Kapadia, learned A.G.P. for Respondent No.1-State and Mr. Patwardhan, learned counsel for Respondent No. 3, perused entire record and the Affidavit dated 7th Augus
Failure of authorities to act on statutory notice for land acquisition leads to lapsing of reservation under the M.R.T.P. Act.
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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.
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.
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 ....
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....
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 ....
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