Sections 126 & 127 Of MRTP Act Require Expeditious Acquisition Of Land Reserved, Failing Which Reservation Lapses: Bombay High Court

The Petitioner had sought a declaration that the reservation of the Petitioner's land under the development Plant of Solapur for 1997-2017 for the Elevated Service Reservoir (ESR) purposes has lapsed. Petitioner also sought direction to the Respondents to forthwith notify the lapsing of reservation of lands in the Official Gazette as required under section 127(2) of the MRTP Act with further direction to the Municipal Corporation to grant the necessary development permission to the Petitioner for the purpose of development.

The Government of Maharashtra had vide Notification dated 28th October, 2004 sanctioned Development Plan for Solapur for 1997-2017 which was brought into effect from 15th December, 2004. The Development Plan was submitted to the Government for its approval by the Solapur Municipal Corporation on 5-03-2002. The land of the Petitioner was reserved for Elevated Service Reservoir (ESR) purpose. The Petitioner gave purchase Notice dated 29th August, 2002 under sections 49 of the MRTP Act to the Respondents which was confirmed by the Government vide order dated 05th March, 2003, however, the land was not acquired within 18 months as provided under Section 49 of the Act. A purchase notice dated 16th July, 2018 was given once again under section 127 of the MRTP Act to Respondents.

The petitioner had filed Writ Petition No. 12448 of 2018 for land acquisition, which was disposed of on the ground that the Petition was premature as the section 127 purchase notice was dated 16th July, 2018 and the said Petition was filed within 2 years.

Petitioner's land was reserved on 15th December, 2004. After a period of 10 years of reservation, on 16th July, 2018 the Petitioner gave the purchase notice under Section 127 of the MRTP Act to the Respondents, which was received by the Corporation on 21st July, 2018. After receipt of purchase notice, no steps were taken within 24 months by the Respondents, as contemplated under sub-section (1) of Section 127 of the MRTP Act.

The bench noted that:

"The underlying principle envisaged under section 127 of the MRTP Act is either to utilize land for the purpose it is reserved in the plan in a given time or let the owner utilize the land for the purpose as permissible under the Town Planning Scheme. The reservation shall be deemed to have lapsed if no steps are taken for acquisition of the land within the prescribed time."

The bench referred to the case of Girnar Traders Vs. State of Maharashtra & Ors., 2007 (7) SCC 555, wherein the Supreme Court has set out the spirit and purpose of sections 126 and 127 of the MRTP Act that are to safeguard a citizen against arbitrary and irrational executive action which in fact, may not result in acquisition of the land for a longer period.

The bench observed that the Respondents have failed to publish the declaration for acquisition of the said land within 24 months. That being so, the land of the Petitioner has to be released from the reservation, allotment or designation and is required to be available to the owner-the Petitioner, for the purpose of development which would be only for the purpose which is permissible in the case of adjacent land under the Development Plan.

The bench decreed that considering that the reservation lapses, the State Government is duty bound under section 127 (2) to notify the same by an order published in the Official Gazette.