Court affirms that land once dereserved under MRTP Act cannot be reserved again, marking a victory for the heirs of Baburao Gangadhar Jadhav.
In a landmark decision, the Bombay High Court has ruled that land once dereserved under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) cannot be reserved again in a revised development plan, even with variations in its intended use. This decision came as a relief to the heirs of Baburao Gangadhar Jadhav, whose land in Nashik was subject to such re-reservation.
The bench comprising Justices M.S. Karnik and Ranjitsinha Raja Bhonsale delivered the judgment on August 17, 2026, in response to a writ petition filed under Article 226 of the Constitution of India and Section 127 of the MRTP Act. The petitioners, represented by advocates Bhushan Raut and Vipul Shirsath, challenged the validity of a 2017 reservation plan that attempted to re-reserve their land for public amenities, after the original reservation for an electric substation and post office had lapsed.
The court noted that the initial reservation, sanctioned in 1993, was deemed to have lapsed following a valid purchase notice served in 2006 under Section 127 of the MRTP Act. Despite this, the land was reserved again in 2017, prompting the petitioners to seek judicial intervention.
The judgment reaffirmed established legal precedents, citing rulings from the Supreme Court and previous Bombay High Court cases, including the notable Bhavnagar University v. Palitana Sugar Mills (P) Ltd., and Godrej And Boyce Manufacturing Co. Ltd. v. State of Maharashtra. These cases consistently held that once a reservation lapses, it cannot be re-imposed.
In its order, the court declared the 2017 reservation unsustainable in law, stating that the land should be released from reservation and available for development as per permissible use. Furthermore, the court directed the respondent authorities to amend municipal and revenue records to reflect this change.
The judgment is expected to have significant implications for landowners and urban planners, reinforcing the legal framework governing land reservations under the MRTP Act.
Bottom Line :
Land once dereserved under the Maharashtra Regional Town Planning Act, 1966 (MRTP Act), by operation of law, cannot be reserved again in a revised development plan with some variation in purpose.
Statutory provision(s):
Article 226 of the Constitution of India, Maharashtra Regional Town Planning Act, 1966, Section 127.
Baburao Gangadhar Jadhav v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2967095
