VidhiSangh

Supreme Court of India · 29/01/2020

MOHANDAS AND OTHERS versus THE STATE OF MAHARASHTRA AND OTHERS

[2020] 3 S.C.R. 472 · 2020 INSC 105

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court rejected a claim that development-plan reservation had lapsed where an acquisition declaration was issued within ten years of the original plan. The subsequent owners’ reliance on their predecessors’ notice therefore failed, and the revised plan continued the reservation. The Court declined exceptional release under Article 142, noting the purchase with apparent knowledge of reservation, while preserving future statutory remedies after the revised plan’s ten-year period.

Issues

  1. Whether the predecessors’ notice produced statutory lapse despite a timely acquisition declaration.
  2. Whether the revised plan or prolonged inaction justified release of the land, including under Article 142.

Provisions considered

Held

Result

Appeal dismissed without costs, leaving available remedies open. No view expressed on invoking Section 49.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 472.