Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lapsing of reservation Maharashtra Regional and Town Planning Act 1966 notice u/s. 127 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Regional and Town Planning Act, 1966 — ss. 21, 38 and 127(2) — Lapsing of reservation — Notice u/s. 127(2) and the period of 10 years prescribed therein, whether would be from the date of publication of the development plan first notified u/s. 21 or from the date of revised development plan u/s. 38 — Land in question kept under reservation in July 1966 under development plan u/s. 21 - Continued under reservation by the revised development plan u/s. 38 in January 1987 - Notice u/s. 127 by purchasers of the land in the year 1989 — The notice held to be premature, by the appellate authority as well as the High Court, having been issued before completion of 10 years from the date of the revised development plan — Held: The Act does not provide for automatic lapsing of acquisition in expiry of ten years — The statute permits the continuation of the reservation even beyond period of ten years unless it is interdicted by service of notice u/s. 127 by the party interested in the land and on failure of the authority to so act — If the person interested fails to take action before the finalization of the revised plan u/s. 38, the reservation of the land in the revised plan will come into play — The notice u/s. 127 was rightly held to be premature as the same was issued only after two years of the revised plan as against 10 years as prescribed u/s. 127. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 827 |
Petitioner | Prafulla C. Dave & Ors. |
Respondent | Municipal Commissioner & Ors. |
SCR | [2014] 13 S.C.R. 1397 |
Judgement Date | 2014-12-03 |
Case Number | 1999 |
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