Mere resolution or forwarding an acquisition proposal does not prevent reservation lapsing under Section 127 of the MRTP Act.

The Petitioners were co-owners of land bearing Survey No. 446/4, corresponding to C.S. Nos. 2084 and 2085, situated at Bhosari, Kasarwadi, Pune, within the limits of the Pimpri-Chinchwad Municipal Corporation (“PCMC”).

The land was reserved for widening an 18-metre HCMTR Development Plan road under the Development Plan sanctioned on 18 September 1995. The statutory period of ten years expired on 19 September 2005 without acquisition of the land or publication of the requisite acquisition declaration.

On 20 May 2022, the co-owners executed a notarised authority letter authorising Petitioner No. 1 to issue a purchase notice. A notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (“MRTP Act”) was served on PCMC on 27 May 2022, requiring acquisition within the statutory period.

After expiry of the applicable twenty-four-month period on 28 May 2024, neither acquisition was completed nor effective acquisition proceedings were commenced.

Whether the reservation of the Petitioners’ land lapsed under Section 127(1) of the MRTP Act because the land was neither acquired nor were effective steps towards acquisition commenced within twenty-four months of service of the purchase notice?

Whether PCMC’s objections—that the purchase notice was unsupported by a Government measurement map and Development Plan extract and was signed by only one co-owner—invalidated the notice under Section 127?

Whether the passing of a municipal resolution or forwarding an acquisition proposal to the Collector constituted commencement of acquisition proceedings for purposes of Section 127?

Section 127(1) of the MRTP Act provides that where land reserved under a plan is not acquired within ten years, the owner or interested person may serve a purchase notice, and if within twenty-four months of service the land is not acquired or steps towards acquisition are not commenced, the reservation is deemed to have lapsed; Section 127(2) requires the Government to notify such lapsing in the Official Gazette.

Under Shrirampur Municipal Council v. Satyabhamabai Bhimaji Dawkher, mere passage of a resolution, forwarding of a letter to the Collector, or similar preliminary administrative action does not amount to commencement of acquisition; effective steps must be taken under the applicable acquisition law, leading to the requisite statutory declaration.

The Court further held, relying on Ramesh Gopikishan Malani v. State of Maharashtra and Keshav Manikrao Bagal v. State of Maharashtra, that a purchase notice issued by one co-owner is valid and need not be signed by every co-owner.

Applying Sanjay Singh v. U.P. Public Service Commission, the Court held that statutory requirements cannot be enlarged by adding words not contained in the statute; consequently, Section 127 does not mandate annexure of a measurement map or Development Plan extract.

The Court found that the ten-year period from the sanctioned Development Plan had expired in 2005 and that the Petitioners’ purchase notice of 27 May 2022 was supported by authority from all co-owners.

PCMC’s reliance on its 2017 resolution concerning revision of the Development Plan and its 14 September 2011 letter forwarding an acquisition proposal did not satisfy Section 127.

Following Shrirampur Municipal Council, the Court held that these were merely preliminary administrative actions and did not constitute effective commencement of acquisition proceedings.

The objections regarding non-annexure of maps and the Development Plan extract had no statutory basis, and the notice was not invalid merely because it was signed by Petitioner No. 1.

Since twenty-four months elapsed after service of the notice without acquisition or legally sufficient steps towards acquisition, the reservation was deemed to have lapsed by operation of Section 127(1).

The Respondents were directed to publish an Official Gazette notification declaring the lapsing of the reservation within twelve weeks from the date of judgment.