Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966 Interpretation of Statutes. s.127 Maharashtra Regional and Town Planning Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Regional and Town Planning Act, 1966– s.127– Appellant, a partnership firm and its partners are the joint owners of the disputed land situated in the municipal limits of Nagar Parishad of the city of Morshi – As per the final development plan for the city of Morshi, the appellant’s land was reserved for shopping centre and garden – Appellant served first notice, u/s.127 on 13.07.15 asking the municipality to either acquire the disputed land or permit them to develop the same– Appellant again on 31.08.15 sent the second notice – Date of receipt of the second notice heavily contested – Respondent no.3 submitted proposal for acquisition of the disputed land before respondent no.4 (Collector), who informed that the proposal was not in order and the same needs to be resubmitted – Fresh proposal submitted – However, nothing proceeded further and acquisition has not taken place till this point of time – Appellant filed writ petition for declaration that the reservation of their land has lapsed u/s.127– Dismissed – Held: Statutory provision is clear and categorical – s.127(1) mandates that for an owner whose land is reserved, allotted or designated, in terms of final regional plan or developmental plan, needs to serve a notice to inform the municipality and seek its response concerning its interest in acquiring the land, if he wants his property to be de-reserved – Owners could de-reserve a plot of land by serving a notice, after the lapse of 10 years from the date of such reservation i.e.10 years from 01.09.05 herein – Once such notice is served, the municipality has 24 months to acquire or take steps for acquisition of land – If municipality does not take the required measures, then the land would be de-reserved and the owner can develop the same – In the present case, reservation of the appellant’s land has lapsed and it has become available to the appellant to be developed – Further, writ courts, usually, should not indulge themselves in factual findings, however the present case has been dragged too long and any further delay would unduly affect the right to enjoy property and benefits thereof – This case turns on the aspect of admission on the part of the respondents, that the second notice was received on 02.09.15 – Second notice can be said to have reached the Municipality on 02.09.15, after the expiry of the stipulated period – State Government directed to notify the lapsing of the reservation by an order to be published in the Official Gazette as per the requirements of s.127(2) which shall be done as expeditiously as possible, preferably within 4 months from today. Maharashtra Regional and Town Planning Act, 1966– s.127(1), (2) – Plea of the respondents that the fulfilment of requirements u/s.127 (1) does not automatically de-reserve the land, rather it’s a discretion, under sub-s.2 of s.127, bestowed on the Government to choose the land to be de-reserved and publish the same in the Official Gazette – Held: Such mandatory reading of the sub-sec. 2 of s.127, would give unfettered power in the hands of the State to pick and choose – Supreme Court needs to effectively balance the power of eminent domain and the constitutional right of property, which mandates a rational reading of the law, wherein the declaration in the Official Gazette is only consequential and the State needs to follow, if the conditions under sub-sec.127 (1) stands satisfied – Interpretation of Statutes. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2019 INSC 961 |
Petitioner | BALAJI ASSOCIATES THROUGH ITS PARTNER |
Respondent | THE STATE OF MAHARASHTRA AND ORS |
SCR | [2019] 11 S.C.R. 282 |
Judgement Date | 2019-08-27 |
Case Number | 6661 |
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