Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Wrong Mention of Reservation or Site Number - Errors in reservation or site number entries in proceedings under the MRTP Act can occur due to administrative lapses or incorrect data entry. Such mistakes may lead to disputes over land reservation status and require rectification through proper legal procedures Padama W/o Shivchandra Mundada VS State of Maharashtra - Bombay.
Lapsing of Reservation Due to Non-Compliance - Under Section 127 of the MRTP Act, if the land reservation process is not completed within ten years from the date of service of a purchase notice or failure to acquire land by agreement or acquisition steps, the reservation lapses automatically. Authorities must issue a formal notification to confirm lapsing MUKUND MOHAN KURUNBHATTI vs THE STATE OF MAHARASHTRA AND OTHERS - Bombay, Sadashiv Tryambak Rajebahadur VS State of Maharashtra - Bombay, Shri Shamrao Nanaso Shingan Vs State Of Maharashtra - Bombay.
Procedure for Challenging or Correcting Reservation Errors - Landowners or stakeholders can invoke Section 127 notices to challenge reservations, especially if the reservation is alleged to have lapsed due to non-compliance with statutory procedures. Proper service of purchase notices and adherence to prescribed timelines are crucial. If authorities fail to act within the stipulated period, the reservation is deemed to have lapsed MUKUND MOHAN KURUNBHATTI vs THE STATE OF MAHARASHTRA AND OTHERS - Bombay, Sadashiv Tryambak Rajebahadur VS State of Maharashtra - Bombay, Shri Shamrao Nanaso Shingan Vs State Of Maharashtra - Bombay.
Role of Official Proceedings and Notifications - For the correction or deletion of reservations or site numbers, authorities need to follow prescribed procedures, including publication of notifications in the official gazette and adherence to timelines for lapsing reservations. Courts can direct authorities to issue such notifications if procedural lapses are identified Girish Vyas VS The State of Maharashtra - Supreme Court.
Impact of Revisions and Final Development Plans - Changes in development plans, including reservations, do not automatically revive lapsed reservations. Once a reservation lapses under Section 127, it cannot be revived merely by subsequent amendments unless proper legal steps are followed Babanrao Dattu @ Dattoba Dangat VS State of Maharashtra - Bombay.
Legal Recourse and Court Intervention - Landowners or affected parties can approach courts for directions to declare reservation lapsing or to rectify wrong reservation entries. Courts may order authorities to issue notifications under Section 127(2) to formalize lapsing or to rectify reservation details in official records Santu Sukhdeo Jaibhave VS Nashik Municipal Corporation - Bombay, Babanrao Dattu @ Dattoba Dangat VS State of Maharashtra - Bombay.
Analysis and Conclusion:Incorrect mention of reservation or site number in proceedings under the MRTP Act can be addressed through the statutory provisions governing reservation lapsing, primarily Section 127. Proper service of purchase notices, adherence to timelines, and formal notifications are essential for rectifying or confirming reservation status. Courts play a vital role in ensuring procedural compliance and can direct authorities to issue necessary notifications to correct errors or declare reservations as lapsed, thereby safeguarding landowners' rights and preventing wrongful reservations.
Landowners in Maharashtra often face challenges when development plans under the Maharashtra Regional and Town Planning (MRTP) Act, 1966, contain errors like wrong site or reservation numbers. These mistakes can arise in notices issued under Section 127, potentially affecting the validity of reservations, acquisition timelines, and property rights. A key question arises: Judgments Wherein the Issue of Wrong Mention of Site or Reservation Number in the Notice Issued under Section 127 of the MRTP Act is Dealt with?
This blog post explores statutory remedies, key case laws, and practical steps for rectification or declaration of lapsing. While this provides general insights, it is not legal advice—consult a qualified lawyer for your specific case.
Errors such as incorrect site numbers or misstated reservation purposes commonly occur during drafting, sanctioning, or revising development plans. These can:- Undermine the legal validity of the reservation.- Trigger lapsing if acquisition isn't pursued timely.- Restrict landowners' development rights or compensation claims. Padama W/o Shivchandra Mundada VS State of Maharashtra - Bombay
For instance, wrong mentions in proceedings may stem from administrative lapses, leading to disputes over reservation status. Padama W/o Shivchandra Mundada VS State of Maharashtra - Bombay
Section 127(2) of the MRTP Act stipulates that if reserved land isn't acquired within 10 years from the final development plan's enforcement, or if proceedings aren't initiated, the reservation lapses. Landowners serve a notice under Section 127(1), and if no action follows within six months, they can seek judicial declaration. Sunil Mallikarjun Patil VS State of Maharashtra - 2022 0 Supreme(Bom) 1565
Section 127 of the MRTP Act reads as under:- 127. ... C] The Hon'ble High Court may be pleased to direct the Respondent No.1 State of Maharashtra to issue a notification under Section 127 (2) of the MRTP Act, to the effect that the reservations (Site No.43) imposed on land Gat No.18 under final development plan dated 25.07.2006 stood ... Shaikh Mohiyoddin Shaikh Sandu vs State of Maharashtra - 2024 Supreme(Online)(Bom) 7442 - 2024 Supreme(Online)(Bom) 7442
Courts emphasize that notification under Section 127(2) is consequential; lapsing occurs by operation of law under Section 127(1). Now, so far as the observation made by the High Court that after the reservation is deemed to have lapsed, it has not been notified in the Official Gazette as required under Section 127(2) of the MRTP Act is concerned, we observe that notification in the Official Gazette is only a consequential act... Bhagchandbhai Mulchandbhai Khatri VS State Of Gujarat - 2022 Supreme(Guj) 1316 - 2022 0 Supreme(Guj) 1316Kolhapur Municipal Corporation VS Vasant Mahadev Patil (Dead) through LRs. - 2022 Supreme(SC) 190 - 2022 0 Supreme(SC) 190
Section 49 allows notices for acquisition or release. Composite notices are valid if intent is clear. Sou. Hasina Kudbuddin Shaikh VS Karad Municipal Council, Through the Chief Officer - 2018 0 Supreme(Bom) 1072
However, notices must not be premature: She submitted that the purported purchase notice is premature as per the reading of Sec. 27 (1) of the MRTP Act, 1966. Irfan Allabaksh Shaikh VS Commissioner , Solapur Municipal Corporation - 2023 Supreme(Bom) 1851 - 2023 0 Supreme(Bom) 1851
The primary remedy is filing writ petitions for declaration that the reservation has lapsed due to procedural failures. In Girnar Traders v. State of Maharashtra, the Supreme Court ruled that failure to initiate proceedings within timelines causes automatic lapsing. Sunil Mallikarjun Patil VS State of Maharashtra - 2022 0 Supreme(Bom) 1565
Similarly, Shrirampur Municipal Council v. Satyabhamabai Bhimaji Dawkher affirmed land becomes developable post-lapsing. Sunil Mallikarjun Patil VS State of Maharashtra - 2022 0 Supreme(Bom) 1565
Petitioners can seek mandamus: to issue a Writ of Mandamus, directing the respondents to confirm the lapsing of reservation and release the land, in view of the provisions of the Section 127 of the MRTP Act... Yashwant Govind Sakhare VS State of Maharashtra - 2023 Supreme(Bom) 533 - 2023 0 Supreme(Bom) 533
Approach municipal corporations or authorities for corrections via applications under regulations like UDCPR 2020. If errors like wrong site numbers persist, courts can direct rectification. Jairam s/o Sidheshwar Kancharlawar VS The Municipal Council, Kinwat - 2007 0 Supreme(Bom) 1566Kashinath VS State of Maharashtra - 2017 0 Supreme(Bom) 2390
Wrong Mention of Reservation or Site Number - Errors in reservation or site number entries in proceedings under the MRTP Act can occur due to administrative lapses or incorrect data entry. Padama W/o Shivchandra Mundada VS State of Maharashtra - Bombay
Grounds include clerical errors, misclassification, or non-compliance. File writs under Article 226 for quashing or corrections. Courts direct notifications for lapsing or fixes. Santu Sukhdeo Jaibhave VS Nashik Municipal Corporation - BombayBabanrao Dattu @ Dattoba Dangat VS State of Maharashtra - Bombay
The publication of the declaration under sub-sections (2) and (4) of Section 126 read with Section 6 of the LA Act is a sine qua non for the commencement of any proceedings for acquisition under the MRTP Act. Mohibullah Niyamatullah vs State of Maharashtra - 2025 Supreme(Bom) 801 - 2025 0 Supreme(Bom) 801
Post-lapsing, develop freely or claim damages. Reservations can't revive via modifications without due process, as in Godrej and Boyce v. State of Maharashtra. Trilok Singh Pahlajsingh Rajpal VS Municipal Corporation for Greater Mumbai, a statutory body constituted under the Mumbai Municipal Corporation Act, 1888, having its office at Mahapalika Marg, Mumbai - 2022 Supreme(Bom) 1028 - 2022 0 Supreme(Bom) 1028Prabhakar Ramdas Kale VS State of Maharashtra - 2024 0 Supreme(Bom) 250
It cannot be disputed that reservation made under section 127 of the MRTP Act stands lapsed. Kiran VS State Of Maharashtra - 2020 Supreme(Bom) 616 - 2020 0 Supreme(Bom) 616
Courts demand strict timeline adherence but liberally interpret clear notices. Errors unrectified timely support lapsing claims. MUKUND MOHAN KURUNBHATTI vs THE STATE OF MAHARASHTRA AND OTHERS - BombaySadashiv Tryambak Rajebahadur VS State of Maharashtra - BombayShri Shamrao Nanaso Shingan Vs State Of Maharashtra - Bombay
Revisions don't auto-revive lapsed reservations. Babanrao Dattu @ Dattoba Dangat VS State of Maharashtra - Bombay
| Remedy | Description | Key References ||-------------------------|--------------------------------------------------|------------------------------------|| Lapsing Declaration | Court declares due to non-compliance | Sec 127; Sunil Mallikarjun Patil VS State of Maharashtra - 2022 0 Supreme(Bom) 1565 || Administrative Correction | Rectify site/reservation errors | UDCPR; Padama W/o Shivchandra Mundada VS State of Maharashtra - Bombay || Writ Petition | Quash invalid reservations | Art 226; Santu Sukhdeo Jaibhave VS Nashik Municipal Corporation - Bombay || Compensation | Damages for wrongful delays | Prabhakar Ramdas Kale VS State of Maharashtra - 2024 0 Supreme(Bom) 250 |
Errors in site or reservation numbers in Section 127 notices under the MRTP Act typically warrant remedies like lapsing declarations, corrections, or validity challenges. Landowners should act promptly via notices and courts to protect rights. Key cases like Girnar Traders underscore procedural rigor. Sunil Mallikarjun Patil VS State of Maharashtra - 2022 0 Supreme(Bom) 1565
Takeaways:- Lapsing is automatic post-timelines; notify authorities.- Courts aid with mandamus for notifications. Shaikh Mohiyoddin Shaikh Sandu vs State of Maharashtra - 2024 Supreme(Online)(Bom) 7442 - 2024 Supreme(Online)(Bom) 7442- Errors don't validate wrongful holds—challenge them.
This is general information based on statutes and judgments like Sunil Mallikarjun Patil VS State of Maharashtra - 2022 0 Supreme(Bom) 1565, Sou. Hasina Kudbuddin Shaikh VS Karad Municipal Council, Through the Chief Officer - 2018 0 Supreme(Bom) 1072, Jairam s/o Sidheshwar Kancharlawar VS The Municipal Council, Kinwat - 2007 0 Supreme(Bom) 1566, Kashinath VS State of Maharashtra - 2017 0 Supreme(Bom) 2390, Prabhakar Ramdas Kale VS State of Maharashtra - 2024 0 Supreme(Bom) 250, Irfan Allabaksh Shaikh VS Commissioner , Solapur Municipal Corporation - 2023 Supreme(Bom) 1851 - 2023 0 Supreme(Bom) 1851, Mohibullah Niyamatullah vs State of Maharashtra - 2025 Supreme(Bom) 801 - 2025 0 Supreme(Bom) 801, etc. Seek professional advice for your situation.
He was called upon to initiate proceedings under section 126 of the MRTP Act read with section 6 of the Land Acquisition Act, 1894. 4. ... Hence requested to delete the said reservation Site No. 97 ‘Housing for EWS and Dishoused’ on the said land. I say and submit that, there is no mention of mala-fide intention of respondent no. 4, Municipal Council, Chalisgaon, in the....
the land by agreement or to initiate proceedings for acquisition of the land either under the MRTP Act or under the Land Acquisition Act, 1894 and the said authority fails to comply with the demand raised thereunder. ... has lapsed as provided under Section 127 of the MRTP Act. ... Mere forwarding of proposal cannot be treated as compliance as contemplated in Section 127 of the #HL_START....
It is further stated that pursuant to the notification dated 9th January 2017 issued under section 31 of the MRTP Act, by virtue of the revised Development Plan the Plot is again reserved for “Public Amenity” under reservation site No. 136 (Original Site No. 485) with effect from 9th February 2017. ... On 12th July 2016 the Petitioners intimated the Respondent Nos.2, 4 and 5 that the reservation....
Petitioner's father, as Power of Attorney holder of then owner, issued a notice under Sec. 127 of MRTP Act, 1966 on 14/11/2014 for cancellation of reservation. ... She submitted that the purported purchase notice is premature as per the reading of Sec. 27 (1) of the MRTP Act, 1966. ... The town planning department by its order dtd. 20/11/2014, sent a letter to the Municipal Corporation, Solapur, informing....
of the proceedings for the acquisition of land under the 1966 Act or the 1894 Act. ... The publication of the declaration under sub-sections (2) and (4) of Section 126 read with Section 6 of the LA Act is a sine qua non for the commencement of any proceedings for acquisition under the MRTP Act. ... It is Section 6 declaration which would commence the acquisition #HL_STA....
Section 127 of the MRTP Act reads as under:- “127. ... C] The Hon'ble High Court may be pleased to direct the Respondent No.1 State of Maharashtra to issue a notification under Section 127 (2) of the MRTP Act, to the effect that the reservations (Site No.43) imposed on land Gat No.18 under final development plan dated 25.07.2006 stood ... (d) On 16.12.2021, the Petitioners along with 1....
In our view, the reservation of the writ land has lapsed upon the expiry of the period from service of the Purchase Notice under Section 127 of the MRTP Act. ... as steps taken as contemplated by Section 127 of the MRTP Act. ... The development plan for Nashik city prepared under Section 26 of the MRTP Act was sanctioned as per Section 31 of MRTP #HL_S....
Satara in view of the confirmation of purchase notice u/s. 49 of the MRTP Act, 1966. ... Section 49(4) of the MRTP Act vide its Order dated 23rd October, 2019. ... Admittedly no steps were taken to comply with the mandate of Section 49(7) of the MRTP Act and therefore the writ land stood released from the reservation and is available to the Petitioner for the purposes o....
to issue a Writ of Mandamus, directing the respondents to confirm the lapsing of reservation and release the land, in view of the provisions of the Section 127 of the MRTP Act, 1966, which were kept under reservation for the purposes for construction of (i) the proposed road of 60 meters in the West ... It is submitted that the respondents had not followed the relevant provisions of the MRTP#HL_....
The only issue involved in this petition is whether the Purchase Notice issued by the petitioners, under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966, of 16th September 2013 is valid or not. ... The incidental question arising from the main question is that if purchase notice is considered to be valid, would it lead to deemed de-reservation of the land in question in view of the provisions made in....
Now, so far as the observation made by the High Court that after the reservation is deemed to have lapsed, it has not been notified in the Official Gazette as required under Section 127(2) of the MRTP Act is concerned, we observe that notification in the Official Gazette is only a consequential act and it has nothing to do with the actual lapsing of reservation by operation of law as the reservation is deemed to have lapsed under Section 127(1). Thereafter issuance of the notificatio....
The Apex Court in the case of Godrej and Boyce Manufacturing Company Limited V/s State of Maharashtra and others reported in (2015) 11 SCC 554 dealt with a case where after lapsing of reservation under section 127 of the MRTP Act, an attempt was made to impose a reservation by modification of the sanctioned Development Plan by taking recourse to section 37 of the MRTP Act. The Apex Court held that statutory right accrued to the owners cannot be taken away by making an attempt....
3 being the specific official to make the application cannot be deviated from. The Court in that instance was dealing with lapsing of a reservation of land under the MRTP Act in terms of Section 127.20[127.
Now, so far as the observation made by the High Court that after the reservation is deemed to have lapsed, it has not been notified in the Official Gazette as required under Section 127(2) of the MRTP Act is concerned, we observe that notification in the Official Gazette is only a consequential act and it has nothing to do with the actual lapsing of reservation by operation of law as the reservation is deemed to have lapsed under Section 127(1). Thereafter issuance of the notificatio....
"It cannot be disputed that reservation made under section 127 of the MRTP Act stands lapsed. On page 10 of the said decision, the Apex Court has held thus:- The Apex Court thereafter proceeded to discuss how there was a negligence on the part of the Planning Authority and the State Government to take steps for initiating acquisition proceedings. At the same time area had been reserved for garden." (emphasis supplied) 24.
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