VidhiSangh

Supreme Court of India · 06/02/2018

CHHABILDAS versus THE STATE OF MAHARASHTRA & ORS.

[2018] 1 S.C.R. 411 · 2018 INSC 106

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Summary

The Supreme Court explained that a timely acquisition application following confirmation of a Section 49 purchase notice does not permit indefinite reservation under the MRTP Act. Sections 126 and 127 continue to govern subsequent acquisition and lapse. Ordinarily, after ten years a second notice under Section 127 is necessary. On the exceptional facts here, prolonged unexplained inaction justified release of the reservation and acquisition proposal under Article 142 despite absence of that second notice. The Court expressly required the statutory notice procedure in future cases.

Issues

  1. How Sections 49, 126 and 127 interact after a timely application to acquire reserved land.
  2. Whether prolonged inaction warranted exceptional release without a second Section 127 notice.

Provisions considered

Held

Result

Appeal disposed of. Under Article 142, reservation and acquisition proposal declared lapsed on the exceptional facts of prolonged inaction. Future cases must follow Section 127, including its second-notice requirement.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 411.