CHHABILDAS versus THE STATE OF MAHARASHTRA & ORS.

Citation: [2018] 1 S.C.R. 411 · Decided: 06-02-2018 · Supreme Court of India · Bench: R.F. NARIMAN · Disposal: Disposed off

Cited by 2 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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411
CHHABILDAS
v.
THE STATE OF MAHARASHTRA & ORS.
(Civil Appeal No. 1607 of 2018)
FEBRUARY 06, 2018
[R. F. NARIMAN AND NAVIN SINHA, JJ.]
Maharashtra Regional Town Planning Act, 1966 – ss.49, 126,
127 – Obligation to acquire land on refusal of permission or on
grant of permission in certain cases – On facts, appellant’s land
reserved for public purpose under a development plan – Issuance
of purchase notice u/s.49(1)(e) – State Government confirmed the
purchase notice and stated that proceedings for acquisition of land
would be initiated within one year – Submission of proposal for
acquisition, however, no action taken – Letter by the owner to the
Commissioner that since no action took place, the said proposal
has lapsed and thus, the land to be returned to the owner – However,
the Commissioner’s stand that acquisition proposal is in process
and there was no lapse – Writ petition by appellant – Dismissed by
the High Court – Held: Section 49(1) itself states that the purchase
notice must require the appropriate authority to purchase the interest
in the land “in accordance with the provisions of this Act” – Once
the appropriate authority makes the necessary application to acquire
the land within time u/s.49(7), the Court moves over to ss.126 and
127 – Scheme of ss.126 and 127 makes it clear that if 10 years
have passed from the date of publication of the development plan,
and purchase notice has been served u/s. 127, and no steps have
been taken within one year from the date of service of such notice,
all proceedings shall be deemed to have lapsed – Thus, even in
cases covered by s. 49, the drill of s.126(4) and s.127 will have to
be followed, subsequent to the appropriate authority making an
application to acquire the land within the period specified in s. 49(7)
– In the instant case, 15 years have passed since the date of
publication of the development plan, and over 10 years have passed
since the date of the purchase notice issued u/s.49 – Letter shows
that an application was made within the requisite time period to
acquire the said land – However, since after the said letter nothing
[2018] 1 S.C.R. 411
411
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412
SUPREME COURT REPORTS
[2018] 1 S.C.R.
has been done to acquire the appellant’s property, the reservation
contained in the development plan as well as acquisition proposal
have lapsed, in order to do complete justice between the parties u/
Art. 142 – Constitution of India – Art. 142.
Disposing of the appeal, the Court
HELD: 1.1 The object of Section 49 of the Maharashtra
Regional Town Planning Act, 1966 is clear that once a purchase
notice is received by the authorities, there arises, as the marginal
note to the Section also indicates, an obligation to acquire land.
The timelines contemplated by the section also indicate that the
owner or person affected cannot be left to hang indefinitely without
a decision to follow up the purchase notice by acquisition of the
land in question. However, the submission that Section 49
abruptly ends with sub-section (7), after which there are no
timelines indicated as to what is to happen after the appropriate
authority makes an application to acquire the land within one year
from the date of confirmation of the notice, cannot be accepted.
Inasmuch as Section 49(1) itself states that the purchase notice
must require the appropriate authority to purchase the interest
in the land “in accordance with the provisions of this Act”. This
being so, once the appropriate authority makes the necessary
application to acquire the land within time under Section 49(7),
the Court moves over to Sections 126 and 127 of the Act. [Paras
12, 13][423-H; 424-A-C]
1.2 Under Section 126(1)(c), when after the publication of a
draft regional plan or development or other plan, any land is
required or reserved for a public purpose, the appropriate
authority may make an application to the State Government, for
acquiring such land under the Land Acquisition Act. Under sub-
section (2) thereof, on receipt of such application, if the State
Government is satisfied that the land specified in the application
is needed for the public purpose specified therein, then excepting
the cases falling under Section 49, the State Government may
make a declaration under Section 6 of the Land Acquisition Act,
to that effect. However, such declaration under Section 126(2)
must be made within a period of one year from the date of
publication of the plan in question. [Para 14][424-D-F]
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