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Supreme Court of India 2019-08-27 allowed

Balaji Associates through its Partners vs State of Maharastra and Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Balaji Associates challenged a town planning authority's reservation of their land under Maharashtra's Regional and Town Planning Act. Section 127 of the Act permits owners to claim lapse of reservation after 10 years from the Final Developmental Plan's effective date. The Court held that once the statutory 10-year period expired, the appellant's right to use the property revived and the land became available for development. Citing unreasonable delay, the Court allowed the appeal, declaring the reservation lapsed and granting the appellant development rights.

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Urban Land Planning Property Rights Town Planning Law Administrative Law

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