[MRTP Act 1966] Issuance Of Purchase Notice U/s. 127 Must Be Anterior In Point Of Time For Preparation Of Revised Development Plan: Bombay HC
While observing that once the revised development plan is published, it becomes final plan as contemplated under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), the Bombay High Court held that a fresh period of ten years will start from the date of publication of the revised development plan, and to deny such consequence would render the entire provisions regarding preparation and publication of revised plan nugatory.
Thus, “the issuance of purchase notice under Section 127 of the Act must be anterior in point of time to preparation of revised development plan”, added the Court.
The Division Bench of Justice M.W. Chandwani and Justice A.S. Chandurkar observed that “after ten years of publication of final development plan, if the owner does not issue purchase notice provided under Section 127 of the Act to get the land de-reserved if not acquired by the Planning Authority, during the life time of the earlier plan and before the new revised development plan has been published, the Planning Authority cannot be blamed”.
Advocate S.S. Deshpande appeared for the Petitioner, whereas A.G.P A.A. Madiwale appeared for the Respondents
Going by the background of the case, the reservation of Petitioner’s land was made by the fourth Respondent to be used for weekly market and shops in 1973. Since then, no action was taken by them to acquire the said land. In 2012, the Respondent issued a revised development plan. However, in 2015 vide Section 127 of the MRTP Act, the Petitioners who are also the owner of the said land, issued purchase notice against the Respondents on the ground of lapse of reservation as the Respondents had taken no steps to acquire the land.
On perusal of facts and submissions made by the parties, the Bench observed that a revised development plan that came into operation by virtue of Section 31(4) becomes a final development plan, and hence, revised development plan which is initiated under Section 38 shall also be final development plan.
“Thus, a revised development plan, which will come into operation under Section 31(4) by notification, also becomes the final development plan as per Section 31(6) of the Act. Therefore, a development plan, whether has been initiated under Section 21 of the Act or revised under Section 38 of the Act, by virtue of Section 31(6) of the Act, the plan has initially notified as a final development plan”, added the Bench.
The High Court clarified that if after ten years of publication of final development plan, the owner does not issue purchase notice as referred to under Section 127 of the MRTP Act, and in the meanwhile a revised development plan is published by the Planning Authority, it becomes a final development plan and a fresh period of ten years will start from such date.
“In the present case, no purchase notice under Section 127 of the Act was issued by the petitioners to respondent No.4 on 30/12/2015 after the publication of revised development plan on 31/03/2012”, added the Bench.
The High Court elucidated that the purchase notice under Section 127 of the Act by the Petitioners was issued only three years after the final revised development plan under Section 38 came into operation on March 31, 2012.
Therefore, the Bench concluded that the provisions for reservation made under the revised development plan cannot be invalidated by such notice.
Cause Title: Mandakini Ruprao Khangar and Ors. v. State of Maharashtra and Ors.