Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Regional and Town Planning Act 1966 – s.126 – Land reserved for public purpose in 2002 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Maharashtra Regional and Town Planning Act, 1966 – s.126 – Land reserved for public purpose in 2002 – After expiry of ten years, land owners served notice calling upon the respondents to acquire the land but still the land was not acquired – Land owners filed writ petition before High Court seeking direction to respondent to treat their land as released from the development plan and that reservation for playground be declared to have lapsed to the extent of the land owned by them – High Court held that the reservation of land in the development plan stood lapsed as no declaration under s.126 was published, however, the Planning Authority was given one year time to acquire the land reserved – Instant appeal filed by land owners against the restriction of one year put by High Court giving additional time to respondents to acquire the land – Held: Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open ended for indefinite period – The Statute has provided a period of ten years to acquire the land under s.126 of the Act – Additional one year is granted to the land owner to serve a notice for acquisition prior to the amendment by Maharashtra Act No. 42 of 2015 – Such time-line is sacrosanct and has to be adhered to by the State or by the Authorities under the State – The State or its functionaries cannot be directed to acquire the land as the acquisition is on its satisfaction that the land is required for a public purpose – If the State was inactive for long number of years, the Courts would not issue direction for acquisition of land, which is exercise of power of the State to invoke its rights of eminent domain – In view thereof, direction to acquire land within a period of one year is in fact contravening the time-line fixed under the Statute – Consequently, direction to acquire the land within one year is set aside – Land acquisition. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 336 |
Petitioner | Laxmikant & Ors. |
Respondent | State Of Maharashtra & Ors. |
SCR | [2022] 3 S.C.R. 297 |
Judgement Date | 2022-03-23 |
Case Number | 1965 |
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