ASSOCIATES THROUGH ITS PARTNER versus THE STATE OF MAHARASHTRA AND ORS.

ASSOCIATES THROUGH ITS PARTNER versus THE STATE OF MAHARASHTRA AND ORS.

Where requirements of Section 127(1) are satisfied and no acquisition or substantive steps taken within 24 months of notice, reservation lapses ipso facto; publication in Official Gazette under Section 127(2) is a mandatory consequence, not discretionary. The appellant's land is thus de-reserved and may be developed as permissible.

Parties
Appellant: Balaji Associates through its partner; Respondents: The State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
27 August 2019
Procedural Posture
Civil Appeal / Final Judgment in Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Lapsing of Reservation Under Development Plans, Municipal Acquisition of Land, Interpretation of Statutes, Eminent Domain Vs. Property Rights
Town and Country Planning Property Law Administrative Law Constitutional Law Lapsing of Reservation Under Development Plans Municipal Acquisition of Land Interpretation of Statutes Eminent Domain Vs. Property Rights

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Parties

Balaji Associates through its partner

Appellant

The State of Maharashtra and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment in Appeal From High Court

Legal Issues

  1. 1 Whether reservation of the appellant's land under the development plan has lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966
  2. 2 Whether the municipality and State Government have fulfilled their statutory duties for acquisition within stipulated time
  3. 3 Whether publication in Official Gazette under Section 127(2) is discretionary or mandatory

Ratio Decidendi

Where requirements of Section 127(1) are satisfied and no acquisition or substantive steps taken within 24 months of notice, reservation lapses ipso facto; publication in Official Gazette under Section 127(2) is a mandatory consequence, not discretionary. The appellant's land is thus de-reserved and may be developed as permissible.

Court Disposition

Appeal allowed

Orders

  • Reservation of appellant’s land has lapsed and land is available for development.
  • State Government directed to notify lapsing by order published in Official Gazette as per Section 127(2), expeditiously and preferably within 4 months.