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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANIL L.PANSARE, RAJ. D.WAKOKE
Sureshchander, S/o Manoharlal Suri – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Anil L. Pansare, J.
The issue involved in both the petitions is identical. Hence, they are decided by common judgment.
2. Heard Mr. C. S. Kaptan, learned Senior Counsel assisted by Mr. Y. Khullarwar, learned counsel for petitioners in Writ Petition No.4479/2019 and Mr. A. S. Dabadghao, learned counsel for petitioner in Writ Petition No.1629/2011, Mr. I. J. Damle, learned A.G.P. for respondent-State, Mr. A. M. Kukday, learned counsel for Nagpur Municipal Corporation and Mr. K. P. Mahalle, learned counsel for Nagpur Improvement Trust.
3. The petitioners claim to be owners of lands, which are reserved for park in the Development Plan of Nagpur city, published on 07.01.2000. The petitioners, on 30.07.2003, issued notice under Section 49 of the MAHARASHTRA REGIONAL AND TOWN PLANNING ACT , 1966 (“MRTP”), requesting the Nagpur Improvement Trust (“NIT”), the Planning Authority to purchase the interest in the land. On 23.03.2004, the State Government confirmed the notice in terms of Section 49 of the MRTP Act. On 19.01.2005, the Special Land Acquisition Officer (“SLAO”) informed the Executive Engineer, NIT that the land is to be acquired by taking resort to provisions of the Land A
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 court established that failure to act within statutory timelines for land acquisition results in the lapsing of reservations, allowing landowners to utilize their property.
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....
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
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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.
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 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.
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.
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