PUKHRAJMAL SAGARMAL LUNKAD (D) THROUGH HIS LRS. AND OTHERS ETC. versus THE MUNICIPAL COUNCIL, JALGAON AND OTHERS

Citation: [2017] 2 S.C.R. 333 · Decided: 03-02-2017 · Supreme Court of India · Bench: MADAN B. LOKUR · Disposal: Dismissed

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Judgment (excerpt)

[2017] 2 S.C.R. 333 
PUKHRAJMAL SAGARMAL LUNKAD (D) THROUGH HIS 
A 
LRS. AND OTHERS ETC. 
v. 
THE MUNICIPAL COUNCIL, JALGAON AND OTHERS 
(Civil Appeal No. 491 of2007) 
FEBRUARY 03, 2017 
[MADAN B. LOKUR AND PRAFULLA C. PANT, JJ.) 
Maharashtra Regional and Town Planning Act, 1966 - ss. 
88, 126, 127 - Municipal Council, a planning authority under the 
Act, published Draft Development Plan in respect of certain lands 
including plots owned by the appellants and reserved them for public 
purpose - However, subsequently, Town Planning Scheme on the 
said Development Plan relating to the plots in question was prepared 
- Plea of appellants that the land reserved was not acquired within 
ten years, thus land shall be deemed to be released from reservation, 
allotment or designation and available back to owner as per s.127 
of the Act - High Court dismissed the writ petitions filed by 
appellants - On appeal, held: In instant case, the prayer was made 
by the appellants in the writ petitions specifically in respect of Town 
Planning Scheme - s.127 does not apply to lands reserved for public 
purpose under Town Planning Scheme and as such, there was no 
lapsing of reservation of land uls.127 of the Act - Further, from the 
order passed by the Arbitrator under Town Planning Scheme Rules, 
it is clear that compensation was determined in respect of land in 
question under Town Planning Scheme - No error in judgment 
passed by the High Court - Urban development - Land Acquisition 
Act, 1894. 
Word' and Phrases - 'Town Planning' - 'Development Plan' 
- "'Scheme"; "Planning" and "Planning Scheme" - Meaning of -
Maharashtra Regional and Town Planning Act, 1966 - s.2(9) and 
s.2(30). 
Dismissing the appeal, the Court 
HELD: 1.1 The appellants contended that the Town 
Planning Scheme was approved by the State Government in 
January, 1993, based on a revised Development Plan submitted 
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SUPREME COURT REPORTS 
[2017) 2 S.C.R. 
by the Municipal Council in 1988, i.e., after reservation of land in 
question already stood lapsed as the land owners had served the 
notice under Section 127 of MRTP Act and six months period 
had passed thereafter. This contention lacks substance for the 
reason that the land in question was reserved in 1976 under Town 
Planning Scheme III. Development Plans are dealt with under 
Chapter III, and Town Planning Schemes are dealt with under 
Chapter V of MRTP Act. Section 126 of the Act which is part of 
Chapter VII, deals with Plans as well as Schemes, but Section 
127 does not refer to Town Planning Schemes. [Paras 10, 13] 
(339-C-D; 340-A-B] 
1.2 In the present case, the prayer is made by the 
appellants in the Writ Petitions specifically in respect of Town 
Planning Scheme No. III, which was finally sanctioned, as such, 
no error in the impugned judgment passed by the High Court 
dismissing the Writ Petitions. From the copy of special notice 
issued under Town Planning Scheme Rules and copy of order 
passed by the Arbitrator in the aforesaid rules, it is clear that the 
compensation was determined in respect ofland in question under 
Town Planning Scheme. The decision of the Arbitrator appears 
to have been published in the Official Gazette and appeal was 
dismissed. In the circumstances, no error in the order passed 
by the High Court. [Para 14] (340-C-E] 
2. The landowners contended that the land is deemed to 
have been released after 6 months of the issue of Notice u/s 127 
of the MRTP Act. The contention cannot be accepted for the 
reason that the decision relied by the landowners to contend that 
no steps were taken relates to the 'Development Plan' for which 
the steps for acquisition had to be taken as per Section 126. In 
the present case, before the scheme is implemented, the 
procedure contemplated under Chapter V is followed to finalise 
the scheme. The procedure includes the sanctioning of draft 
scheme, appointment of arbitrator, issuing notices to persons 
affected by the scheme, determination of compensation by the 
arbitrator and then the final award made by the arbitrator. In 
respect of the land required under Town Planning Scheme except 
the Development Plan, the steps under Section 126 may not 
require to be resorted to at all. It is clear from the record that 
PUKHRAJMAL SAGARMAL LUNKAD (D) THROUGH HIS 
LRS. v. THE MUNICIPAL COUNCIL, JALGAON 
the Draft Town Planning Scheme was published in 1976, arbitrator 
determined the compensation

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