IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V.GHUGE, ABHAY J.MANTRI
Yakub Salebhai Contractor (Deceased) – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. invocation of lapsing of reservation under the mrtp act. (Para 3 , 4) |
| 2. chronology of land ownership and reservation status. (Para 5 , 14 , 15) |
| 3. requirements for lapsing of land reservation. (Para 6 , 8 , 12) |
| 4. arguments regarding validity of purchase notice. (Para 9 , 11) |
| 5. no requirement for documents when lapsing occurs. (Para 21 , 22 , 23) |
| 6. conclusion and order regarding lapsing of reservation. (Para 26 , 27 , 28 , 29) |
Judgment :-
(Per :- Abhay J. Mantri, J.) :-
1. By order dated 10th 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
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.
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 of land under the MRTP Act can lapse if the land is not acquired within the prescribed period, and the government is duty-boun....
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
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.
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.
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 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 main legal point established in the judgment is that under Section 127 of the Maharashtra Regional Town Planning Act, 1966, if no steps for the acquisition of land reserved for public purposes ar....
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