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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
RAVINDRA V.GHUGE, Y.G.KHOBRAGADE
Shaikh Mohiyoddin Shaikh Sandu – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. claim of petitioners regarding land reservation (Para 2 , 3) |
| 2. arguments regarding effective notice compliance (Para 4 , 5 , 6) |
| 3. interpretation of section 127 of the mrtp act (Para 7) |
| 4. court's view on notice and document submission (Para 8 , 9 , 10 , 11) |
| 5. conclusion of the writ petition (Para 12 , 13 , 14) |
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The Petitioners have put forth prayer clauses A, B and C, as under:-
“A] The Hon'ble High Court may be pleased to issue an appropriate writ, order or direction in the nature of writ and thereby hold and declare that reservations (Site No. 43) imposed on land Gat No.18 under final development plan dated 25.07.2006 stood lapsed.
B] The Hon'ble High Court may be pleased to issue an appropriate writ, order or direction in the nature of writ and thereby hold and declare that the land Gat No. 18 totally admeasuring 1H-20R situated at Kukdel, Taluka - Shahada, District - Nandurbar, is free from reservations (Site No.43) imposed on land Gat No.18 under final development plan dated 25.07.2006.
C] The Hon'ble High Court may be pleased to direct the Res
The court established that under Section 127 of the MRTP Act, a reservation lapses if no acquisition is initiated within two years of notice, provided that title documents are properly submitted.
Reservation of land under MRTP Act lapses when authorities fail to act within statutory periods, with no retrospective effect from amendments extending timelines.
The court established that a land reservation does not lapse automatically after ten years without a notice from the landowner, and revised plans do not invalidate existing reservations.
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.
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 on the land would lapse if the Planning Authority failed to take steps within the specified period, and acquisition would only....
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.
Acquisition of Land for development Plan - Possession of Land not taken - Hence proceedings lapsed.
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