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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
NITIN B.SURYAWANSHI, VAISHALI PATIL JADHAV
Mukund Mohan Kurunbhatti – Appellant
Versus
State of Maharashtra, Through its Secretary, Urban Development Department, Mantralaya, Mumbai – Respondent
JUDGMENT :
Vaishali Patil – Jadhav, J.
Rule. Rule made returnable forthwith and heard finally with the consent of learned Advocates for the parties.
2. By this petition filed under Article 226 of the Constitution of India, the petitioners are seeking following reliefs :-
"A) The Hon'ble High Court may be pleased to direct Respondents to issue notification declaring that the reservation on Survey No.303/1/1C, situated at Chalisgaon has lapsed as provided under Section 127 of the MRTP Act.
AA) The Hon'ble High Court may be pleased to hold and declare that the re-reservation of the property of the Petitioner bearing No. 303/1/1-C admeasuring 0-H 19.5 R i.e. 20981 sq. ft. Areas of land situated at Chalisgaon in Sanctioned Development Plan dated 06.04.2016 bearing Site No. 46 is bad in law and non-est and hence the said reservation is quashed and set aside."
3. It is the case of the petitioners that lands bearing city Survey No. 303/1/1C and 309, are reserved as Site No. 41 for ‘Play Ground and School’ in the development plan dated 22.12.1989. The petitioners purchased the Survey No. 303/1/1C by the sale deed dated 30.12.2014. Accordingly, entry was made in 7/12 extract wherein it is mentione
Reservation of land under MRTP Act lapses when authorities fail to act within statutory periods, with no retrospective effect from amendments extending timelines.
Sanction of revised development plan after purchase notice but before 24-month expiry under MRTP Act Section 127 continues reservation for fresh 10 years, as no vested right accrues until period laps....
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 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.
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 once land is released from reservation under section 127 of the MRTP Act, planning authorities have no jurisdiction to re-reserve the same sub....
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 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....
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