Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Regional Town Planning Act 1966 - s. 127 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Regional Town Planning Act, 1966 — s. 127 — Lapsing of reservation - Appellant's land reserved in the Development Plan in the year 19917 for acquisition by the Ministry of Railways for laying additional railway tracks — Expiry of the period of 10 years specified u/s. 127 — Failure of respondent no. 1-State Government to take steps for acquisition of the said land — Issuance of notice by the appellant to the Ministry to acquire the land if needed, else issue Clarification to that effect — Also lapse of the period of 6 months as prescribed u/s. 127 — However, land not de- reserved — Notification issued by State Government proposing the modification in the Development Plan deleting the aforesaid reservation of land and adding reservation for Development Plan Road — Writ petition by the appellant, challenging the Notification — Dismissal of —- On appeal, held: Reservation of the land in favour of the Railway was deemed to be released under the said provision of the MRTP Act — State Government stated that there was no proposal! for acquisition of the land in the Railways in the near future — Land reserved for the purpose u/s. 127 is lapsed and the appellant is entitled for developing the land as it likes ~ State Government is not empowered to delete the reservation of the land from Railway use and to modify the same for Development Plan Road in the Development Plan after expiry of 10 years and 6 months notice period was over since the appellant acquired the valuable statutory right upon the land and the reservation of the same for the proposed formation of Railway track lapsed long back — Thus, the Notification is |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 59 |
Petitioner | Godrej & Boyce Manufacturing.co.ltd. |
Respondent | State Of Maharashtra & Ors. |
SCR | [2015] 1 S.C.R. 477 |
Judgement Date | 2015-01-21 |
Case Number | 1086 |
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