Court holds that valid purchase notice under Section 127 of Maharashtra Regional and Town Planning Act accompanied by 7/12 extract suffices; Municipal Corporation's demand for additional documents to delay acquisition process was rejected.
In a significant judgment dated October 22, 2026, the Bombay High Court (Division Bench) ruled in favor of the legal heirs of Shrikant Devidas Uplekar, declaring that the reservation of land plots Nos. 24 to 38 in Survey No. 68, Malegaon Camp, reserved for a primary school and playground since 2009, has lapsed due to the failure of the Malegaon Municipal Corporation to take acquisition steps within the statutory period.
Background:
The land in question had been designated as Reservation Site No. 20 for a primary school and playground in the Development Plan of Malegaon sanctioned on August 21, 2009, effective from October 12, 2009. The petitioners, owners of the said plots, issued a Purchase Notice on February 13, 2020, under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), which was duly served on the Municipal Corporation and other authorities. This statutory provision allows landowners to serve a notice to the planning authority if land reserved in a Development Plan is not acquired by agreement within ten years or if acquisition steps are not initiated within 24 months of the notice.
The petitioners claimed that despite the valid notice, the Municipal Corporation neither acquired the land nor took any acquisition steps within 24 months, which should result in the reservation lapsing and the land becoming available for development as per the relevant Development Plan.
Contentions and Court's Analysis:
The Municipal Corporation contended that the Purchase Notice was incomplete as it was not accompanied by proper title documents and requested additional documents through a letter dated August 26, 2020. The petitioners countered that the notice was accompanied by the 7/12 extract, a government land record clearly establishing their title, fulfilling the requirement of Section 127 of the MRTP Act.
The Court examined the statutory language of Section 127, which requires that the purchase notice be accompanied by documents showing the title or interest in the land but does not mandate an exhaustive inquiry by the planning authority into the title. Citing the Supreme Court judgment in Municipal Corporation of Greater Bombay v. Dr. Hakimwadi Tenants' Association (1988), the Court emphasized that the planning authority cannot delay the statutory period by demanding further documents when it already has access to land records.
The Court found that the Municipal Corporation's letter demanding additional documents was a mere attempt to frustrate the running of the statutory period and held that the Purchase Notice was valid and complete as it was accompanied by the 7/12 extract.
Outcome:
Since the Municipal Corporation did not initiate acquisition steps within the 24-month period following the service of the valid Purchase Notice, the Court declared that the reservation of the plots for public purpose had lapsed. Consequently, the petitioners are entitled to develop and use the land in accordance with the applicable Development Plan.
The writ petition was allowed, and the petitioners were granted liberty to use the land for permissible purposes. No costs were awarded in the matter.
Significance:
This judgment reinforces the principle that statutory timelines under the MRTP Act are sacrosanct and cannot be circumvented by administrative delays or demands for unnecessary documentation. It clarifies that a purchase notice accompanied by recognized land ownership documents like the 7/12 extract satisfies the legal requirements, and planning authorities must act promptly to acquire reserved land or risk losing reservation rights.
Bottom Line:
Maharashtra Regional and Town Planning Act, 1966, Section 127 - Lapsing of reservation - Purchase notice accompanied by 7/12 extract sufficiently showing title/interest is a valid notice - Planning Authority cannot defeat statutory period by calling for further documents when it already has access to land records - As no acquisition steps were taken within 24 months of service of valid purchase notice, reservation for primary school and playground deemed to have lapsed.
Statutory provision(s):
Maharashtra Regional and Town Planning Act, 1966, Section 127
