Lapsing of Land Reservation Under Section 127 of the MRTP Act for Failure to Acquire Property.
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Case: LILABAI VASANTRAO HIRAY AND ORS v. THE STATE OF MAHARASHTRA THR. SECRETARY URBAN DEVELOPMENT AND PUBLIC HEALTH DEPT. AND ORS
Court: Bombay High Court
Date: 30-06-2026
Law: Maharashtra Regional and Town Planning Act, Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, Land Acquisition Act.
Highlights of the Judgment:
- An interpretation of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 regarding the lapsing of land reservations.
- Clarification on what constitutes the commencement of acquisition proceedings under Section 19 of the Right to Fair Compensation Act, 2013.
- Judicial scrutiny of whether administrative actions, such as land measurement and internal correspondence, qualify as "effective steps" toward acquisition.
- Application of the mandatory 24-month statutory period following the service of a valid purchase notice by landowners.
- Analysis of the legal consequences when the State fails to publish a formal declaration within the prescribed timeline.
- Discussion on the exclusion of the COVID-19 pandemic period in the computation of statutory limitation for land acquisition.
- Reiteration of the principle that land cannot be kept under reservation indefinitely without completing the acquisition process.