In a significant relief for a resident of Virar (West), the Bombay High Court recently declared that the reservation on his land has lapsed and directed that it be released from reservation. The division bench of Justices Ajey Gadkari and Kamal Khata, on April 22, instructed the state government to notify the lapsing of the reservation by publishing it in the official gazette within six weeks.
Background of the Case
Darpan Thakur purchased approximately 18,700 square feet of land, which is part of a larger area. Subsequently, he discovered that according to the development plan sanctioned on February 9, 2007, his land was reserved for a market, garden, community center, and a 20-meter DP road. Since the state did not acquire his land within ten years, the reservation lapsed in February 2017.
Legal Proceedings
Thakur issued a notice under Section 127 of the Maharashtra Regional and Town Planning Act (MRTP Act), which deals with the lapsing of reservations, to the Vasai Virar City Municipal Corporation (VVMC) commissioner. The notice demanded either the release of the land or its acquisition. As no steps were taken within 24 months, he approached the Bombay High Court in November 2023.
Court's Observations
Thakur's advocates, Murtaza Najmi and Shambhu Jha, argued that although the reservation had lapsed, Thakur was unable to use the land because the records still showed it as reserved. The judges noted that VVMC's offer of Transferable Development Rights (TDR) in March 2025, made in lieu of monetary compensation, came about one and a half years after the petition was filed. The court described this communication as "purely an afterthought, with a view to create a record and nothing else."
The bench further observed that the authorities had ignored directions from various Bombay High Court judgments. "They appear to be bent upon harassing the citizens for reasons best known to them," the judges added. They cited previous judgments which held that there is no requirement for the owner to seek a declaration from the court, as the effect of the lapsing of reservation based on a Section 127 notice is automatic.
Implications
This ruling reinforces the principle that once a reservation lapses under the MRTP Act, the landowner is entitled to use the land without any further acquisition proceedings. The court's strong remarks against the municipal corporation highlight the judiciary's stance against bureaucratic delays and harassment of citizens.
