Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Regional Town Planning Act 1966 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Regional and Town Planning Act, 1966 (37 of 1966) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Maharashtra Regional Town Planning Act, 1966 – ss.49, 126, 127 – Obligation to acquire land on refusal of permission or on grant of permission in certain cases – On facts, appellant’s land reserved for public purpose under a development plan – Issuance of purchase notice u/s.49(1)(e) – State Government confirmed the purchase notice and stated that proceedings for acquisition of land would be initiated within one year – Submission of proposal for acquisition, however, no action taken – Letter by the owner to the Commissioner that since no action took place, the said proposal has lapsed and thus, the land to be returned to the owner – However, the Commissioner’s stand that acquisition proposal is in process and there was no lapse – Writ petition by appellant – Dismissed by the High Court – Held: Section 49(1) itself states that the purchase notice must require the appropriate authority to purchase the interest in the land “in accordance with the provisions of this Act” – Once the appropriate authority makes the necessary application to acquire the land within time u/s.49(7), the Court moves over to ss.126 and 127 – Scheme of ss.126 and 127 makes it clear that if 10 years have passed from the date of publication of the development plan, and purchase notice has been served u/s. 127, and no steps have been taken within one year from the date of service of such notice, all proceedings shall be deemed to have lapsed – Thus, even in cases covered by s. 49, the drill of s.126(4) and s.127 will have to be followed, subsequent to the appropriate authority making an application to acquire the land within the period specified in s. 49(7) – In the instant case, 15 years have passed since the date of publication of the development plan, and over 10 years have passed since the date of the purchase notice issued u/s.49 – Letter shows that an application was made within the requisite time period to acquire the said land – However, since after the said letter nothing has been done to acquire the appellant’s property, the reservation contained in the development plan as well as acquisition proposal have lapsed, in order to do complete justice between the parties u/ Art. 142 – Constitution of India – Art. 142. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2018 INSC 106 |
Petitioner | Chhabildas |
Respondent | The State Of Maharashtra & Ors. |
SCR | [2018] 1 S.C.R. 411 |
Judgement Date | 2018-02-06 |
Case Number | 1607 |
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