Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) Maharashtra Regional and Town Planning Act, 1966 (37 of 1966) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Regional and Town Planning Act, 1966: c s. 127 r/w s. 126 - Land reserved not acquired/no steps commenced towards acquisition within six months of service of notice u/s 127 - Held: The reservation shall be deemed to have lapsed and the land shall be deemed to have been released from such reservation so as to enable the owner to develop the same - Steps towards acquisition would really commence when State Government takes active steps for acquisition of particular piece of land which leads to publication of declaration u/s 6 of 1894 Act - Expression "no steps as aforesaid" used in s. 127 of 1966 Act has to be read in the context of provisions of 1894 Act and mere passing of a resolution by Planning Authority or sending of a letter to Collector or even to State Government cannot be treated as commencement of proceedings for acquisition of land under 1966 Act or 1894 Act - Land Acquisition Act, 1894 - s.6.In the instant appeals filed by the Municipal Council, the question for consideration before the Court was: whether reservation of the parcels of land owned by the respondents in the Regional plans/Development plans prepared under the Maharashtra Regional and Town Planning Act, 1966 would be deemed to have lapsed because the same were not acquired or no steps were commenced in that respect within six months of the service of notice u/s 127 of that Act. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 196 |
Petitioner | Shrirampur Municipal Council, Shrirampur |
Respondent | Satyabhamabai Bhimaji Dawkher And Others |
SCR | [2013] 2 S.C.R. 664 |
Judgement Date | 2013-04-01 |
Case Number | 2733 |
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