Petitioners Granted Right to Develop Land in Lonavala as Court Cites Non-compliance with MRTP Act Timelines
In a significant ruling, the Bombay High Court has declared that the reservation on a parcel of land in Lonavala has lapsed due to inaction by the Lonavala Municipal Council over a span of 45 years. The decision, delivered by a division bench comprising Justices Ravindra V. Ghuge and Abhay J. Mantri, underscores the importance of adhering to statutory timelines under the Maharashtra Regional Town Planning (MRTP) Act, 1966.
The case was initiated by the heirs of Yakub Salebhai Contractor, who sought a declaration from the court that the reservation on their land had lapsed, thus freeing it for development. The petitioners invoked Section 127 of the MRTP Act, arguing that the planning authority failed to take any concrete steps to acquire or develop the land within the statutory period, despite multiple purchase notices served by them.
The land, located in the Bhangarwadi area of Lonavala, was initially reserved under a development plan sanctioned in 1978 for "housing for dishoused" purposes. Despite subsequent revisions to the development plan in 2005 and 2006, the Lonavala Municipal Council neither acquired nor developed the land, prompting the petitioners to issue a purchase notice in 2021.
The court examined the procedural history and the statutory framework under Sections 126 and 127 of the MRTP Act. It found that the mandatory timelines for acquisition were not adhered to by the planning authority, leading to the automatic lapse of reservation. The court emphasized that the legislative intent behind these provisions is to prevent indefinite reservation of land without compensation or development, thus balancing the powers of eminent domain with the rights of landowners.
The court also dismissed the planning authority's objections regarding alleged defects in the purchase notice, noting that the failure to act within the prescribed period nullifies such defenses. As a result, the court granted the petitioners the right to develop the land in accordance with permissible uses under the relevant plan.
This ruling aligns with previous judgments by the Supreme Court and other High Courts, reinforcing the principle that statutory timelines under the MRTP Act must be strictly observed. The court directed the Lonavala Municipal Council to communicate with the State Government to issue a formal notification of the lapse within 60 days.
Bottom Line:
Maharashtra Regional Town Planning Act, 1966 - Lapsing of reservation under Section 127 - If no steps are taken to acquire or develop the land within the prescribed period of 24 months after serving a purchase notice, the reservation is deemed to lapse, and the land is deemed to be released for development.
Statutory provision(s): Maharashtra Regional Town Planning Act, 1966, Section 127
