VidhiSangh

Supreme Court of India · 27/08/2019

ASSOCIATES THROUGH ITS PARTNER versus THE STATE OF MAHARASHTRA AND ORS.

[2019] 11 S.C.R. 282 · 2019 INSC 961

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Summary

The Court held that reservations of the appellant’s land for a shopping centre and garden had lapsed under section 127 of the Maharashtra Regional and Town Planning Act. The municipality’s own resolution admitted receipt of the purchase notice after expiry of ten years. Merely forwarding an acquisition proposal did not meet the statutory requirement within the ensuing 24 months. Gazette notification was a mandatory consequence of lapse, rather than a discretionary decision whether to release the land.

Issues

  1. Whether the purchase notice was served after the ten-year reservation period.
  2. Whether forwarding an acquisition proposal prevented lapse and whether Gazette notification was discretionary.

Provisions considered

Held

Result

Appeal allowed without costs. Reservations declared lapsed; land available for otherwise permissible development. State directed to publish the lapse expeditiously, preferably within four months. Specified adverse remarks against counsel expunged.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 282.