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.

Judgment :-

(Per :- Abhay J. Mantri, J.) :-

1. By order dated 10^th March, 2025, this Writ Petition is ‘Admitted’.

2. Heard finally by the consent of the learned Advocates for the respective parties.

3. The Petitioners have put forth prayer clauses (b) and (c), as under :

“(b) That this Hon'ble Court be pleased to issue an appropriate writ, order, and or direction to declare that the reservation, designation or allotment provided under the development plan revised development plan of the Respondent No. 3 in respect of property lying, being and situated at Lonavala within Registration Sub-District of Maval, Dist: Pune and within the local limits of Lonavala Municipal Council in its ward “A” at Bhangarwadi and known as Nangargaon in the revenue record bearing part of Survey No. 55 admeasuring 88.29 ares within the jurisdiction of Lonavala Municipal Council is lapsed and said reserved land is available to the Petitioners for the purpose of development or otherwise, as is permissible;

(c) That this Hon'ble Court be pleased to issue an appropriate writ, order, and or direction to declare that the said reserved land in respect of property lying, being and situated at Lonavala within Registration Sub- District of Maval, Dist: Pune and within the local limits of Lonavala Municipal Council in its ward “A” at Bhangarwadi and known as Nangargaon in the revenue record bearing part of Survey No. 55 admeasuring 88.29 ares within the jurisdiction of Lonavala Municipal Council has been de-reserved under the provisions of Maharashtra Regional Town Planning Act as per the purchase notice dated 02.08.2021 for want of valid steps by Lonavala Municipal Council”

4. The above prayer clauses indicate that the Petitioners have invoked the deeming fiction of lapsing of reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the MRTP Act”), since the Respondents have taken no steps for the acquisition of the land in question.

5. The material facts, dates, and sequence of events necessary to determine the controversy between the parties are as follows:

(a) Initially, Shri Narayan Damodar Bhonde and five others were the owners of the property bearing part of Survey No. 55, admeasuring 88.29 R, situated at Nangargaon, within the local limits of the Lonavala Municipal Council (for short, “Council”), Ward ‘A’, Bhangarwadi (for short, “the land”). Who, by registered Sale Deed No. 145, dated 4^th March, 1991, sold the land to the Petitioners. Pursuant to the said sale deed, the Petitioners claim ownership of the land.

(b) The Respondent No. 1-State sanctioned and published the Development Plan (for short, "the DP Plan”) vide Government Resolution No. TPS/1876/9/4D, dated 28^th February, 1978, and the same came into force on 1^st March, 1978.

(c) Respondent No. 3- Council failed to take steps for the acquisition or development of the land up to 1^st October, 1998.

(d) On 2^nd October, 1998, the Petitioners issued a purchase notice under Section 127 of the MRTP Act to Respondent No. 3, which was neither complied with nor any steps were taken to acquire or develop the land.

(e) Thereafter, the said DP Plan was partially revised and sanctioned on 29^th June, 2005. The partially revised DP Plan came into force on 27^th August 2005.

(f) Again, on 18^th August, 2006, Respondent No. 3 sanctioned and published the remaining part of the DP Plan. The said DP Plan came into force on 1^st November, 2006.

(g) Until 31^st October, 2016, i.e. over a period of 10 years, Respondent No. 3 had neither proceed