Bombay HC – Section 127 of MRTP – Deemed Lapsing of Land Reservation
Bombay HC – Deemed Lapsing of Reservation of Land in Development Plan for failure to acquire within statutory period after service of Section 127 MRTP Act purchase notice.
Bombay HC – Lonavala DP Land Reservation Lapsed – Grants Relief to Yakub Salebhai Contractors’ legal heirs
Bombay HC – No Acquisition of Land Reserved in Lonavala Development Plan – Deemed Lapsing of Reservation under Section 127 of MRTP Act
Bombay HC – Section 127 MRTP Act Triggered – Holders that Reservation Lapses after Non-compliance with Purchase Notice under section 127 MRTP Act.
The lands of the petitioner were included in the Development Plan of Lonavala with effect from 1.3.1978.
Respondent No.3 Municipal Council did not take steps for acquisition or development till 1.10.1998.
The purchase notice dated 2.10.1998 of the petitioners was neither complied with nor the land acquired or developed.
The partially revised development plan came into force on 27.8.2005. On 1.11.2006, the remaining part of the DP came into force.
On 2.8.2021, the petitioners issued second purchase notice.
it is evident that despite the receipt of the purchase notice under Section 127 of the MRTP Act, Respondent No. 3-Council failed to comply with the notice and did not take the necessary steps to acquire the land within the prescribed period of twenty-four months. As a consequence, as per the mandate in Section 127 of the MRTP Act, the reservation shall be deemed to have lapsed by operation of law, and the land shall be deemed to be released from such reservation. Accordingly, the Petitioners are entitled to the relief as sought.
Judgment dated 17.2.2026 of the High Court of Bombay in Writ Petition No.13965 of 2024 of Yakub Salebhai Contractor and others VS. State of Maharashtra and others
