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De-reservation is final – Cannot be Revived in subsequent Development Plan

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Section 127 MRTP Act – Re-reservation of land after lapsing of earlier reservation

Once land is de-reserved by operation of law, it cannot be re-reserved in subsequent Development Plan

Statutory De-reservation is final – Cannot be Revived in subsequent Revised Reservation Plan

On 16.11.1993, the land of the petitioners was reserved for ESS / Electric Sub-Station in the Development Plan of Nasik Municipal Corporation.  The petitioners had given the

After the purchase notice in 2006, the proposal for acquisition of the land was withdrawn by the MSEDC on the ground that the land cost was on the higher side.

However, on 9.1.2017, again the reservation on the land was made.

The land once de-reserved from the Development Plan by operation of law cannot be reserved again in a revised plan with some variation.

Considering the facts of the case and the aforenoted law, we are of the view that land which is dereserved from the revised Development Plan by operation of law cannot be reserved again in the Development Plan with some variation in purpose.

Judgment dated 17.8.2026 of the High Court of Bombay in Writ Petition No.8829 of 2024 of Baburao Gangadhar Jadhav and others   Vs.   State of Maharashtra and others

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