Topic
Bombay High Court rules that land reservations under the MRTP Act automatically lapse if acquisition proceedings are not initiated within 12 months of the statutory notice. The court clarified that mere revision of the development plan does not revive the lapsed reservation, protecting landowners from indefinite uncertainty.
The Bombay High Court has ruled that land reserved under the MRTP Act loses its legal status if the state fails to initiate acquisition within 10 years of final development plan sanction and an additional two years after issuing a Section 127 notice. This reinforces property rights under Article 300A and holds that technical flaws in notice or unilateral TDR offers cannot override constitutional protections for landowners.
The Bombay High Court has ruled that under Section 127 of the MRTP Act, a land reservation automatically lapses not merely because a notice is served through government channels, but only when the planning authority takes concrete action on it. This clarifies that revised development plans relocating public amenities render PILs seeking retention of original reservations infructuous, significantly impacting urban land governance and developer liability.