ASSOCIATES THROUGH ITS PARTNER versus THE STATE OF MAHARASHTRA AND ORS.

Citation: [2019] 11 S.C.R. 282 · Decided: 27-08-2019 · Supreme Court of India · Bench: N.V. RAMANA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 11 S.C.R.
BALAJI ASSOCIATES THROUGH ITS PARTNER
v.
THE STATE OF MAHARASHTRA AND ORS.
(Civil  Appeal No.6661 of 2019)
AUGUST 27, 2019
[N. V. RAMANA, MOHAN M. SHANTANAGOUDAR
 AND AJAY RASTOGI, JJ.]
Maharashtra Regional and Town Planning Act, 1966– s.127–
Appellant, a partnership firm and its partners are the joint owners
of the disputed land situated in the municipal limits of Nagar
Parishad of the city of Morshi – As per the final development plan
for the city of Morshi, the appellant’s land was reserved for shopping
centre and garden – Appellant served first notice, u/s.127 on
13.07.15 asking the municipality to either acquire the disputed land
or permit them to develop the same– Appellant again on 31.08.15
sent the second notice – Date of receipt of the second notice heavily
contested – Respondent no.3 submitted proposal for acquisition of
the disputed land before respondent no.4 (Collector), who informed
that the proposal was not in order and the same needs to be
resubmitted – Fresh proposal submitted – However, nothing
proceeded further and acquisition has not taken place till this point
of time – Appellant filed writ petition for declaration that the
reservation of their land has lapsed u/s.127– Dismissed – Held:
Statutory provision is clear and categorical – s.127(1) mandates
that for an owner whose land is reserved, allotted or designated, in
terms of final regional plan or developmental plan, needs to serve
a notice to inform the municipality and seek its response concerning
its interest in acquiring the land, if he wants his property to be de-
reserved – Owners could de-reserve a plot of land by serving a
notice, after the lapse of 10 years from the date of such reservation
i.e.10 years from 01.09.05 herein – Once such notice is served, the
municipality has 24 months to acquire or take steps for acquisition
of land – If municipality does not take the required measures, then
the land would be de-reserved and the owner can develop the same
– In the present case, reservation of the appellant’s land has lapsed
and it has become available to the appellant to be developed –
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   [2019] 11 S.C.R. 282
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BALAJI ASSOCIATES THR. ITS PARTNER v.
STATE OF MAHARASHTRA
Further, writ courts, usually, should not indulge themselves in factual
findings, however the present case has been dragged too long and
any further delay would unduly affect the right to enjoy property
and benefits thereof – This case turns on the aspect of admission
on the part of the respondents, that the second notice was received
on 02.09.15 – Second notice can be said to have reached the
Municipality on 02.09.15, after the expiry of the stipulated period
– State Government directed to notify the lapsing of the reservation
by an order to be published in the Official Gazette as per the
requirements of s.127(2) which shall be done as expeditiously as
possible, preferably within 4 months from today.
Maharashtra Regional and Town Planning Act, 1966–
s.127(1), (2) – Plea of the respondents that the fulfilment of
requirements u/s.127 (1) does not automatically de-reserve the land,
rather it’s a discretion, under sub-s.2 of s.127, bestowed on the
Government to choose the land to be de-reserved and publish the
same in the Official Gazette – Held: Such mandatory reading of the
sub-sec. 2 of s.127, would give unfettered power in the hands of
the State to pick and choose – Supreme Court needs to effectively
balance the power of eminent domain and the constitutional right
of property, which mandates a rational reading of the law, wherein
the declaration in the Official Gazette is only consequential and
the State needs to follow, if the conditions under sub-sec.127 (1)
stands satisfied – Interpretation of Statutes.
Allowing the appeal, the Court
HELD: 1.1 The statutory provision is clear and categorical.
Section 127 (1), Maharashtra Regional and Town Planning Act,
1966 mandates that for an owner whose land is reserved, allotted
or designated, in terms of final regional plan or developmental
plan, needs to serve a notice to inform the municipality and seek
its response concerning its interest in acquiring the land, if he
wants his property to be de-reserved. As provided under the
Section, the time limit to serve such notice accrues from the end
date of stipulated period of ten years. Once such notice is served,
the municipality has 24 months to acquire or take steps for
acquisition of land. If municip

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