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
- Whether the purchase notice was served after the ten-year reservation period.
- Whether forwarding an acquisition proposal prevented lapse and whether Gazette notification was discretionary.
Provisions considered
- Section 127(1)–(2), Maharashtra Regional and Town Planning Act, 1966Receipt of notice after ten years and absence of sufficient acquisition steps within the applicable 24 months resulted in lapse; the State was obliged to publish notification. (¶¶ 13–19, 21)
Held
- Although the notice was dated 31 August 2015, the municipality’s undisputed General Body resolution recorded receipt on 2 September 2015. The Court accepted that admission over the conflicting acknowledgment and found service after expiry of ten years from the plan’s commencement. (¶ 14–15)
- Mere forwarding of an acquisition proposal was insufficient. Applying Shrirampur Municipal Council, the Court held that the authorities had not taken the requisite acquisition steps within 24 months after service. (¶ 16–18)
- Once section 127(1) was satisfied, release followed by operation of law. Section 127(2) required consequential Gazette publication and gave the State no discretion to select which lapsed reservations to notify. (¶¶ 19, 21)
- The land became available for development as otherwise permissible. Unnecessary adverse remarks against the appellant’s advocate were expunged. (¶ 20–22)
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.