CHHABILDAS versus THE STATE OF MAHARASHTRA & ORS.

CHHABILDAS versus THE STATE OF MAHARASHTRA & ORS.

Reservation and acquisition proposal of appellant's land have lapsed due to inordinate delay and failure to take steps for acquisition after purchase notice. Complete justice between the parties is done under Article 142 of the Constitution of India. In future cases under Section 49, drill of Section 127 (serving second purchase notice after 10 years) must be followed for lapsing to take place.

Parties
Appellant: Chhabildas; Respondents: The State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
06 February 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Writ Petition
Outcome
Appeal disposed of; land reservation and acquisition proposal deemed lapsed.
Legal Topics
Lapsing of Land Reservation, Obligation to Acquire Land, Purchase Notice, Sections 49, 126, And 127 of Maharashtra Regional Town Planning Act
Town and Country Planning Land Acquisition Constitutional Law Lapsing of Land Reservation Obligation to Acquire Land Purchase Notice Sections 49, 126, and 127 of Maharashtra Regional Town Planning Act

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Parties

Chhabildas

Appellant

The State of Maharashtra & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Writ Petition

Legal Issues

  1. 1 Whether reservation/acquisition proposal lapsed after long delay post purchase notice under Section 49
  2. 2 Whether the scheme of Sections 49, 126, and 127 requires lapsing as provided under Section 127 after 10 years
  3. 3 Whether timeframes under the Act protect landowners from indefinite state delays

Ratio Decidendi

Reservation and acquisition proposal of appellant's land have lapsed due to inordinate delay and failure to take steps for acquisition after purchase notice. Complete justice between the parties is done under Article 142 of the Constitution of India. In future cases under Section 49, drill of Section 127 (serving second purchase notice after 10 years) must be followed for lapsing to take place.

Court Disposition

Appeal disposed of; land reservation and acquisition proposal deemed lapsed.

Orders

  • Reservation and acquisition proposal of appellant's property deemed lapsed.
  • Land released for development as otherwise permissible.