Reservation of the land lapsed and the reason assigned by the Competent Authority for rejecting the building plan was legally untenable

The reservation of the land had lapsed and the reason assigned by the Competent Authority for rejecting the building plan was legally untenable.

[G.S. SINGHVI; H.L. GOKHALE, JJ.] Maharashtra Regional and Town Planning Act, 1966 – Sections 127, 126(2); Land Acquisition Act, 1894 – If any private land is shown as reserved in the Development plan, the same can be acquired within 10 years either by agreement or by following the procedure prescribed Survey No.237 p. of village – under the 1894 Act and if proceedings for the acquisition of the land are not commenced within that period and a further period of six months from the date of service of notice under Section 127 of the 1966 Act, reservation will be deemed to have lapsed and the land will be available for development by the owner.

Point of Law involved and the judgements relied on:

That reservation of the land belonging to respondent No.1 will be deemed to have lapsed because the same was neither acquired nor steps were taken for that purpose within six months of the receipt of purchase notice.

1. Girnar Traders v. State of Maharashtra (2007) 7 SCC 555
2.  Prakash R.Gupta v. Lonavala Municipal Council and others (2009) 1 SCC 514
3. Municipal Corporation of Greater Bombay v. Dr. Hakimwadi Tenants’ Association 1988 (Supp.) SCC 55.
5. Shrirampur Municipal Council v. Satyabhamabai Bhimaji Dawkher and others

Conclusion:
14. By applying the ratio of the above-noted judgments to the facts of this case, we hold that the High Court did not commit any error by declaring that reservation of the land owned by respondent No.1 had lapsed and the rejection of its application for construction of library building was legally unsustainable. Consequently, the appeal is dismissed.

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