VidhiSangh

Supreme Court of India · 25/02/2025

NIRMITI DEVELOPERS THROUGH ITS PARTNERS & ANR. versus THE STATE OF MAHARASHTRA & ORS.

[2025] 2 S.C.R. 1206 · 2025 INSC 265

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Summary

The Supreme Court held that the reservation of a plot for a private school under the 1993 Amravati development plan had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act once no steps to acquire it were taken within twelve months of the owners' purchase notice of 13.08.2014, so the land was free of reservation when sold to the appellants; it set aside the High Court's view that the purchasers could not take the benefit of the earlier lapse.

Issues

  1. Whether the reservation of the appellants' plot had lapsed under Section 49(7) or Section 127 of the MRTP Act before they bought it.
  2. Whether the purchasers had to serve a fresh notice under Section 49 or Section 127 to claim the benefit of the lapse.
  3. Whether a reservation can be kept in force indefinitely without acquisition.

Provisions considered

Held

Result

Appeals allowed; the High Court's orders set aside; reservation of the plot declared to have lapsed under Sections 126 and 127 of the MRTP Act.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 1206.