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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. GADKARI, KAMAL KHATA
Vijay Deviprasad Tiwari – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
A.S. GADKARI, J.
1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the parties heard finally.
2) By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for a writ of certiorari or any other appropriate writ, Order or direction for quashing and setting aside the impugned communication dated 8th December 2022 issued by the Respondent No. 3, thereby returning the proposal of the Petitioner for development of his land and further directing him to submit a separate proposal under Chapter 11.1 of U.D.C.P.R. i.e. for ‘Accommodation Reservation’. The Petitioner has also prayed for writ of mandamus or direction in the like nature, thereby directing the Respondent Nos.2 & 3 to forthwith consider the building plans submitted by him and grant sanction in accordance with the law in respect of the landed property of the Petitioner, in view of the confirmation of purchase notice issued by the Petitioner under Section 49 of the Maharashtra Regional and Town Planning Act, 1966 (for short “M.R.T.P. Act”) .
3) Heard Mr. Khairdi, learned counsel for Petitioner, Ms. Thakur, learned A.G.P. for Respondent No.1-State and Mr. G
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.
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.
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.
Failure to acquire land within the statutory period leads to lapsing of reservation, and fresh reservations cannot negate accrued rights of landowners.
The main legal principle established in the judgment is that if the appropriate authority makes the requisite application to acquire the land within one year from the confirmation of the Purchase Not....
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 the reservation on the land would lapse if the Planning Authority failed to take steps within the specified period, and acquisition would only....
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....
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