Shivshankar Shivram Singh and 3 Ors. v. State of Maharashtra and Anr.
Case brief
What is this about?
The High Court of Bombay held that land reserved in a 1991 development plan for public purposes lapsed because the Planning Authority failed to take action within the stipulated 10-year period under Section 127 of the MRTP Act, leading to acquiescence.
What did the court decide?
It was declared that the land reservation lapsed; the State Government was directed to issue notification; and municipal records were directed to be corrected.
What the court decided
oswp1510
1
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1510 OF 2013
Shivshankar Shivram Singh
and others...Petitioners
vs.
State of Maharashtra and anr. ...Respondents
Mr.Rakesh Pandey for the Petitioners
Mr.S.U.Kamdar, Senior counsel a/w Ms Shobha
Ajitkumar for the BMC
CORAM : A.S.OKA, &
C.V.BHADANG, JJ.
DATE : APRIL 20, 2015
P.C.:
1Heard the learned counsel for the petitioners,
learned senior counsel for the respondent No.2.
Notice for final disposal was issued on 28th January
2015. The petitioners are claiming to be the owners
of the land more particularly described in paragraph
1 of the petition. The petition is based on the
notice issued by the petitioners under section 127
of the Maharashtra Regional and Town Planning
Act,1966 (for short `MRTP Act'). The said land
described in paragraph 1 of the petition was
reserved in the sanctioned development plan of the
year 1991 for public purposes of a recreation
ground, development plan road and post office.
Admittedly, the said notice dated 2nd February 2008
was issued after expiry of 10 years from the date on
which the sanctioned development plan came into
Issues for consideration
3 issues framed by the court
Whether the reservation of land for public purposes in the sanctioned development plan lapses if the planning authority fails to take action within ten years of the plan coming into force.
Whether the petitioners are entitled to have the reserved land declared available for their development purposes under Section 127 of the MRTP Act.
Whether a direction should be issued to the State Government to notify the lapse of reservation under Section 127 of the MRTP Act.
Parties & counsel
- petitioner
Shivshankar Shivram Singh and others
- respondent
State of Maharashtra
- respondent
BMC
Coram
Case details
As recorded by the court registry
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