HC Expounds: In absence of valid notice, High Court cannot declare lands reserved for the public purpose free from reservation [Read Judgment]

The Bombay High Court had a reference before it where the petitioner was seeking a declaration that the reservation of the land owned by the petitioners in the Development Plan of the Municipal Council has lapsed and the said land is released from reservation and will be available to the petitioners for development. The Court observed that the validity of the notice would depend upon whether notice under section 127 of the said Act is issued within the stipulated time after the revision of the development plan.

Brief Facts:

A Division Bench, which was considering writ petitions filed under Article 226 of the Constitution of India seeking a declaration that the reservation of the land owned by the petitioners in the Development Plan of the Municipal Council has lapsed and the said land is released from the reservation and will be available to the petitioners for development, referred a question for consideration of Full Bench.

The question was: Whether the High Court can lawfully declare lands reserved for a public purpose, under the Maharashtra Regional and Town Planning Act, 1966 for an inordinately long period, free from a reservation in absence of a valid notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966?

Observations of the Court

The Court observed that on a plain reading of section 127 of the Act, it is clear that for lapsing of reservation, service of notice under the section by the land owner to planning authority, development authority, or as the case may be, an appropriate authority, is a prerequisite condition. It is further provided that if within 24 months from the date of service of such notice, the land is not acquired or no steps, as aforesaid, are commenced for its acquisition, the reservation, allotment, or designation shall be deemed to have been lapsed and thereupon the land shall be deemed to have been released from the reservation, allotment or designation and becomes available to the owner for development or otherwise.

The Court referred to the cases of “Chhabildas V/s The State of Maharashtra and Others” (2018) 2 SCC 784 and “Prafulla C. Dave V/s Municipal Commissioner” (2015) 11 SCC 90, where a similar question was under contention and the apex Court had held that each case will have to be decided on the facts of each case.

The Court said that reservation of land does not lapse automatically and a valid notice under section 127 of the Act is a precondition to claim that it has lapsed. The validity of the notice will have to be determined considering the facts of each case. It would depend upon whether notice under section 127 of the said Act is issued within the stipulated time after the revision of the development plan.

The decision of the Court:

The Bombay High Court answered the question thus: in absence of valid notice under section 127 of the Maharashtra Regional and Town Planning Act, 1966, High Court cannot lawfully declare lands reserved for a public purpose under the Maharashtra Regional and Town Planning Act, 1966 for an inordinately long period of time, free from the reservation.

Case Title: Madanlal Zumberlal Nahar & Ors. vs The Chief Officer Municipal Council Beed & Ors.

Coram: Hon’ble Justice Mangesh S. Patil, Hon’ble Justice Y. G. Khobragade, and Hon’ble Justice Nitin B. Suryawanshi

Case no.: WRIT PETITION NO. 2260 OF 2010 WITH WRIT PETITION NO. 4232 OF 2008

Advocate for the Petitioner: Mr. Satyajit S. Bora

Advocate for the Respondent: Mr. S. B. Yawalkar, AGP

Read Judgment @LatestLaws.com

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