Bombay HC UpholdsClarifies Section 49 MRTP Act Purchase Notice
Section 49 MRTP Act – Purchase Notice for land reserved for DP Road
Reservation of part of the suit property at village Vadgaon for Garden in the Development Plan on 28.2.2024.
The Petitioner addressed a letter dated 12th March, 2024 to Respondent No.5, the Chief Officer of Respondent No.4, objecting to the Garden Reservation. 6. A Purchase Notice dated 15th March, 2024 was issued by the Petitioner under Section 49 of the MRTP Act, and more particularly also under Section 49(1)(a) and Section 49 (1)(e). This Purchase Notice was addressed to Respondent No.2, being the Principal Secretary of Urban Development Department. Under Section 151 of the MRTP Act, the State Government has delegated its powers to pass Orders under Section 49(4) of the MRTP Act to Respondent No.3 Director of Town Planning, vide Notification dated 1st December, 2016.
By an Order dated 9th September, 2024, Respondent No.3 rejected the Purchase Notice of the Petitioner. This Order dated 9th September, 2024 is impugned in the present Petition.
Respondent No.3 had, by the impugned Order dated 9th September, 2024, rejected the request of the Petitioner under Section 49 of the MRTP Act on the purported ground that sub-section (2) of Section 49 contemplates that the Purchase Notice under Section 49 (1) has to be accompanied by a copy of an application made by the Applicant to the Planning Authority and an Order or decision of the Authority and of the State Government, if any.
Applying the ratio of these decisions to the present case, since, the Petitioner has given a Purchase Notice under both Section 49(1)(a) and 49(1) (e), the same is not required to be accompanied by an application as referred to under Section 49(2) of the MRTP Act. Section 49 (1)(a) provides for giving Page 16 of 18 September 23, 2026 Mansi shelke Uploaded on – 23/09/2026 Downloaded on – 26/09/2026 22:06:39 WP-16064-2024.doc Purchase Notice where any land is designated by a plan as subject to compulsory acquisition. Section 49 (1)(e) provides for giving a Purchase Notice when the owner of the land because of its designation or allocation in any plan claims that he is unable to sell it accept at a lower price than that at which he might reasonably accepted to sell if it were not so designated or allocated. In our view, both these situations do not warrant any application being made by the Petitioner to the Planning Authority or of any order or decision of that Authority and of the State Government on the said application. For these reasons, in our view, the Purchase Notice dated 15th March, 2024 given by the Petitioner was not required to be accompanied by an application as provided under Section 49(2). The Purchase Notice having been given under Section 49(1)(a) and (e), to that extent, it must be considered.
Judgment dated 23.9.2026 of the High Court of Bombay in Writ Petition No.16064 of 2024 of Devi Construction LLP Vs. State of Maharashtra and others
