Bombay HC – Lapsing of Reservation of land for DP Road in Development Plan

The land was reserved for road widening of 18 Mtr HCMTR road in Pimpri Chinchwad City, Pune, in the Development Plan vide Notification dated 16.9.1995.  The petitioners gave section 127 notice on 27.5.2022 for acquisition of the reserved land.  The period of 24 months was over on 28.5.2024.

The Corporation had taken various objections including the fact that the acquisition proposal was sent to the Collector vide letter dated 14.9.2011.

it is clear that merely sending a letter to Collector for acquisition of the reserved land would not amount to steps towards acquisition of land and hence, the contentions of the Respondent – Corporation that the steps were taken towards acquisition cannot be considered as a valid defence.

There is no requirement in the provisions of Section 127 of the MRTP Act that any map or DP extract is required to be annexed as a matter of fact. Learned Counsel appearing for the respondent was unable to point out any provision to show that it was mandatory to annex the Government Measurement Map or the DP extract.

Purchase notice by one of the co-owners authorised by other owners of the reserved land is sufficient compliance.  it was not necessary for every co-owner to give notice under Section 127 of the MRTP Act and that issuance of notice by one co-owner would be a valid notice of purchase u/s 127 of the MRTP Act.

we hold that the reservation for the 18 Mtr. HCMTR road on the property of the Petitioners bearing Survey No. 446/4 corresponding to C.S.No.2084 & 2085 situated at Village Bhosari, Kasarvadi, Taluka Haveli, District Pune, situated within the limits of PCMC have lapsed.

Judgment dated 25.8.2026 of the High Court of Bombay in Writ Petition No.18493 of 2024 of Ganesh Vishnu Landge and others   Vs.  The State of Maharashtra and others