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Bombay High Court

PRAKASH SOPAN KATEversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

Section 127 does not effect automatic lapse; the landowner must serve a notice to the current planning authority and the authority’s failure to act within six months is required for lapse.

Summary

The petitioner, owner of three parcels of land in Village Dapodi, claimed that the reservation of his land in the Pune Municipal Corporation development plan had lapsed after more than ten years without acquisition, invoking Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The land later fell under the jurisdiction of Pimpri Chinchwad Municipal Corporation following a jurisdictional change in 1997, and a new draft and final development plan were issued in 2000 and 2015 respectively. The respondents argued, relying on the Supreme Court’s decision in Prafulla C. Dave, that Section 127 does not provide for automatic lapse; a landowner must serve a notice to the appropriate planning authority and the authority must then fail to act within six months. The Court agreed, holding that the petitioner’s earlier notices to the former authority are ineffective and that the reservation remains in force under the new authority. Consequently, the petition was dismissed, with directions that the petitioner may now serve a proper notice to the current planning authority.

Issues considered

  • Does Section 127 of the MRTP Act cause automatic lapse of reservation after ten years?
  • Is the petitioner’s notice to the former planning authority sufficient to invoke lapse of reservation after jurisdictional transfer?
  • What procedural steps must a landowner take to obtain release of land from reservation under the MRTP Act?

Legislation cited

Subjects

  • reservation lapse
  • Section 127
  • MRTP Act
  • development plan
  • municipal corporation jurisdiction
  • land acquisition
  • notice requirement

Judgment

          Digitally
          signed by
          RUSHIKESH
RUSHIKESH VISHNU
VISHNU    PATIL
PATIL     Date:
          2026.08.25
          11:21:44
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          +0530




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 6366 OF 2017

                       Prakash Sopan Kate                         ..   Petitioner
                                         Versus
                       The State of Maharashtra & Ors.            ..   Respondents
                                                          …
                       Dr. Uday Warunjikar, for the Petitioner.
                       Mr. Deepak R. More a/w Mr. Shivram A. Gawade, for
                       Respondent Nos. 1 and 2.
                                                ...

                                            CORAM: BHARATI DANGRE &
                                                   ASHISH S. CHAVAN, JJ.

                                            DATED : 18th AUGUST, 2026

                       P.C:-

                       1.      Rule. Rule made returnable forthwith and heard finally
                       with the consent of the parties.

                       2.      The Petitioner, being an owner of land bearing Survey
                       No. 5/1, admeasuring 39 Ares, 5/2, admeasuring 23 Ares, and
                       5/4, admeasuring 11.5 Ares, situated at Village Dapodi within
                       the limits of Respondent No.2, which is the subject matter of
                       the Writ Petition.

                               It is pleaded that, initially, the said lands were included
                       in the final development plan for Pune Municipal Corporation
                       and the notification issued on 05.01.1987 included these lands.

                               The Writ Petition also refers to the specific reservation
                       shown in the development plan, but since we are not

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concerned with the minute details thereof, we refrain
ourselves from referring to the unnecessary details. However,
with        effect        from   11.09.1997,     the   Urban     Development
Department altered the limits of City of Pimpri Chinchwad so
as to include certain areas of revenue villages specified in
Column 2 of Schedule 1, with the boundaries specified, and this
included Village Dapodi, and from 11.09.1997, the subject
property of the present Writ Petition also stood relegated to
the Pimpri Chinchwad Municipal Corporation.

3.     The Petitioner, based on the assumption that his land
was reflected in the development plan of Pune Municipal
Corporation and since no steps were taken for its acquisition,
addressed a notice to the Town Planning Authority, State of
Maharashtra, on 11.09.1996, to be followed by a notice dated
25.11.2015 addressed to the Collector, Pune, as well as the
Pimpri Chinchwad Municipal Corporation and its Deputy
Director of Planning, requesting that the land be deleted from
the reservation, as despite passage of 30 to 34 years, the land
continued to be reserved and no steps are taken for its
acquisition.

       In the absence of any action being taken on the notice
issued by him by invoking Section 127 of the Maharashtra
Regional and Town Planning Act, 1966 (for short, “the MRTP
Act”), the Petitioner has approached this Court seeking a
declaration that the reservation has lapsed under the
provisions           of    Section   127,   by    issuing   an    appropriate
writ/direction.

4.     We have heard learned counsel representing Pimpri
Chinchwad Municipal Corporation, who, by inviting our

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attention to the notification issued by the Urban Development
Department dated 11.09.1997, would submit that, upon the
lands from several villages, including Dapodi, being declared to
have fallen within its jurisdiction, a draft development plan
was published in the year 2000, to be followed by the final
development plan on 02.03.2015. According to the learned
counsel, it is from this date the provisions of the MRTP Act,
including Section 127, are made applicable as far as Pimpri
Chinchwad Municipal Corporation is concerned, and he would
invoke the law laid down by the Apex Court in case of Prafulla
C. Dave & Ors. Vs. Municipal Commissioner & Ors. 1, which has
categorically held that Section 127 of the MRTP Act, or any
provision therein, do not provide for automatic lapsing of
acquisition, reservation, allotment or designation of land
included in any development plan on the expiry of 10 years.
On the other hand, the scheme contemplate that upon expiry
of the period of 10 years, the landowner or person interested is
mandated by statute to take certain positive steps, namely,
issuance/service of notice evidencing his clear intention, and
there must occur a corresponding failure of the authority to
take requisite steps as demanded therein, wherein the action
under Section 127 of the MRTP Act shall be the consequence.
Thus, what is contemplated is a notice by the person
interested/the owner anterior in point of time to the
preparation of the revised plan, and, in specific, paragraph 21
of the said decision has been invoked, which reads to the
following effect:

            “21. Under Section 127 of the MRTP Act, reservation,

1 (2015) 11 SCC 90

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            allotment or designation of any land for any public
            purpose specified in a development plan is deemed to
            have lapsed and such land is deemed to be released
            only after notice on the appropriate authority is
            served calling upon such authority either to acquire
            the land by agreement or to initiate proceedings for
            acquisition of the land either under the MRTP Act or
            under the Land Acquisition Act, 1894 and the said
            authority fails to comply with the demand raised
            thereunder. Such notice can be issued by the owner or
            any person interested in the land only if the land is
            not acquired or proceedings for acquisition are not
            initiated within ten years from the date on which the
            final development plan had come into force. After
            service of notice by the landowner or the person
            interested, a mandatory period of six months has to
            elapse within which time the authority can still
            initiate the necessary action. Section 127 of the
            MRTP Act or any other provision of the said Act does
            not provide for automatic lapsing of the acquisition,
            reservation or designation of the land included in any
            development plan on the expiry of ten years. On the
            contrary, upon expiry of the said period of ten years,
            the landowner or the person interested is mandated
            by the statute to take certain positive steps i.e. to
            issue/serve a notice and there must occur a
            corresponding failure on the part of the authority to
            take requisite steps as demanded therein in order to
            bring into effect the consequences contemplated by
            Section 127. What would happen in a situation where
            the landowner or the person interested remains
            silent and in the meantime a revised plan under
            Section 38 comes into effect is not very difficult to
            fathom. Obviously, the period of ten years under
            Section 127 has to get a fresh lease of life of another
            ten years.”


       We find substance in the said submission, as we must
note that, as far as the land from Village Dapodi which came
under the control of Pimpri Chinchwad Municipal Corporation

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under Section 34(2) of the MRTP Act, which relates to the
preparation of a development plan for an additional area, it is
contemplated that where any area is withdrawn from the
jurisdiction of a Planning Authority, the proposals, if any,
made for that area so withdrawn in a Development Plan shall
also be deemed to be withdrawn therefrom.

       Therefore, upon reading of the said provision, it is
evidently clear that when the area which was earlier
designated as reserved for certain purposes by the Pune
Municipal Corporation, on its falling within the jurisdiction of
Respondent     No.     2,   i.e.    Pimpri   Chinchwad       Municipal
Corporation,    stands        withdrawn      from    the      erstwhile
reservation, and it could be subjected to a fresh reservation by
the Planning Authority, and this is precisely what was done by
Respondent No.3 when it published a draft development plan,
to be followed by a final development plan in which this land is
shown against certain reservations. In such circumstances,
the notices issued under Section 127 of the MRTP Act on the
presumption     that    the    reservation    was    found      in       the
development plan of the Pune Municipal Corporation cannot be
the basis for seeking a declaration that the reservation has
lapsed.

       Nonetheless, it is open for the Petitioner now to address
notices to the new Planning Authority on the expiry of the
period of ten years, and it is for the new Planning Authority to
take such steps as are permissible under Section 127 of the
MRTP Act.

       Though learned counsel, Dr. Warunjikar, has vehemently
asserted before us that after issuance of the notice, the Writ

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Petition was pending before this Hon’ble Court, and even
counting ten years from 2015, the ten year period has already
lapsed, we must make it clear that the mandate of law is very
specific that a landowner or a person interested in the land
and seeking its release from reservation must issue a notice
clearly expressing his intention, and upon such a notice being
issued, it is open for the Planning Authority to take such steps
as are contemplated in terms of M/s. Girnar Traders Vs. State
of Maharashtra. & Ors.2 In the wake of the decision of the
Constitution Bench in M/s. Girnar Traders (supra), we do not
accede to his request, as we expect him to follow the procedure
strictly in accordance with law.

       With the aforesaid directions, the Writ Petition is
disposed of.




(ASHISH S. CHAVAN J.)                  (BHARATI DANGRE, J.)




2 (2011) 3 SCC 1

Rushikesh


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