Back
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. petition invokes section 127 for lapsed reservation due to inaction (Para 1 , 2 , 3 , 4 , 5) |
| 2. section 127 lapses reservation post 24 months after purchase notice (Para 6 , 7 , 8) |
| 3. council claims purchase notice defective lacking title and details (Para 9 , 10) |
| 4. petitioners argue defect irrelevant; cite precedents for lapse (Para 11 , 12 , 13) |
| 5. undisputed receipt of notice after 10-year period (Para 14) |
| 6. jayantilal holds lapse for similar inaction post-notice (Para 15 , 16) |
| 7. notice defect no defense after acquisition inaction period (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 8. supreme court mandates strict mrtp acquisition timelines (Para 23 , 24) |
| 9. reservation lapsed by law; petitioners entitled to release (Para 25 , 26 , 27) |
| 10. writ allowed; notify de-reservation under section 127(2) (Para 28 , 29) |
JUDGMENT :
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 reser
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 ....
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....
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
![Sopan Trambak Wani Vs Director Of Town Planning, ] Maharashtra State, Central Bldg., Pune - 2025 Supreme(Bom) 149](https://supremetoday-s3.b-cdn.net/Bombay_2.png)
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 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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
