Statutory Lapsing of Land Reservations and Unilateral TDR Imposition under the MRTP Act
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Case: M/S GANESH RAMCHANDRA APTE INFRASTRUCTURE THROUGH ITS PARTNER, MR. NITIN VASANT APTE v. STATE OF MAHARASHTRA, THROUGH THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT AND ORS.
Court: Bombay High Court
Date: 31-07-2026
Law: Constitution of India, Maharashtra Regional and Town Planning Act.
Highlights of the Judgment:
- Detailed interpretation of Section 127 of the MRTP Act concerning the statutory lapsing of land reservations.
- Examination of the 10-year planning period and the 24-month acquisition window following a valid purchase notice.
- Ruling that alternate compensation such as FSI or TDR cannot be unilaterally imposed without landowner consent.
- Analysis of the constitutional impact of indefinitely freezing private property rights under Article 300A.
- Rejection of municipal financial incapacity as a legally sustainable ground to bypass statutory acquisition timelines.