NDLI: Mohandas and Others Vs. The State of Maharashtra and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Town Planning Development Plan
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Maharashtra Regional and Town Planning Act, 1966 (37 of 1966)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Maharashtra Regional and Town Planning Act, 1966 – Scheme of the Act – ss.38, 49, 126(4) & 127 – Appellants are the owners of different plots of land – Development Plan was issued under the 1966 Act and the entire land owned by the appellants was reserved for construction of shopping complex – However, no steps were taken by first and fourth respondent (Municipal Council, Gondia) – Plan was enforced from 1984 – Erstwhile owners of the property issued notice dtd. 09.06.04 u/s.127 to fourth respondent for initiating necessary steps to acquire the land – Revised Draft Plan showed that the appellants’ property was reserved for shopping complex and vegetable market – Objected by appellants – Final Development Plan also showed appellants’ property as reserved for shopping complex and vegetable market – Writ Petition filed inter alia for quashing the Final Development Plan – Dismissed by High Court – On appeal, held: Final Development Plan in this case came into force on 24.08.84 – Draft Revised Plan was issued on 24.09.07 – Final Revised Development Plan was issued w.e.f 15.05.12 – Right would accrue to the owner u/s.127 to serve notice thereunder only if a declaration is not published within ten years of the Development Plan u/s.126(4), inter alia – Final Development Plan came into force on 24.08.84 and there was declaration/notification u/s.126(4) on 03.09.92 – This means, within ten years from 24.08.84, there is action, as contemplated u/s.126(4) – Therefore, any notice which was given u/s.127 may not hold good going by the letter of the law – Further, lapsing of reservation contemplated u/s.127 will occur only if the conditions mentioned therein are fulfilled – This is a case where the reservation under the Plan dtd. 24.08.84, which was the final Development Plan, had not lapsed and it was finally revised u/s.38 – High Court right in finding that the appellant was not entitled to the relief based on lapsing of reservation u/s.127 – Present is not a case for powers u/Art.142 to be exercised – Appellants must wait for a period of ten years u/s.127 from 15.05.12 and then can issue notice contemplated under the Act, unless action is already taken in the meantime – No view expressed on invoking of s.49 – All remedies available to the appellants are left open – Constitution of India – Art.142 – Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Settlement Act, 2013. Maharashtra Regional and Town Planning Act, 1966 – s.38 – Discretion under, of the Planning Authority – If any – Discussed. Maharashtra Regional and Town Planning Act, 1966 – s.126 – Effect of declaration under – Discussed.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2020 INSC 105
Petitioner	Mohandas And Others
Respondent	The State Of Maharashtra And Others
SCR	[2020] 3 S.C.R. 472
Judgement Date	2020-01-29
Case Number	831

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