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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V.GHUGE, SANDEEP V.MARNE, ABHAY J.MANTRI
Nilesh Prakashrao More – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. reference to larger bench resolves precedent conflict. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's timeline and contention for reservation lapse. (Para 5 , 6 , 7) |
| 3. revised plan before expiry resets 10-year acquisition period. (Para 8) |
| 4. sequence of events and section 127 conditions outlined. (Para 9 , 10) |
| 5. no vested right until 24 months post-purchase notice. (Para 11 , 12 , 13 , 14 , 15) |
| 6. revised plan sanction restarts 10-year reservation clock. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 7. petition dismissed; reservation upheld. (Para 23 , 24) |
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forthwith and heard finally by consent of the parties.
2. By an order dated 29th July 2024, passed by the Division Bench of this Court, while hearing Writ Petition No.5180 of 2022, the Registry was directed to place that Petition before the Hon’ble The Chief Justice for directions under Rule 8 of Chapter I, of the Bombay High Court Appellate Side Rules, 1960. For ready reference, we deem it appropriate to reproduce the said order here under :
“1. Heard learned counsel for the parties.
2. The development plan for Pune was initially finalised on 8 July 1966, reserving the Peti
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....
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 under MRTP Act lapses when authorities fail to act within statutory periods, with no retrospective effect from amendments extending timelines.
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 the requirement for a valid notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 for the lapsing of reservation of land....
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....
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....
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....
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