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Supreme Court of India 2019-08-27 allowed

BALAJI ASSOCIATES THROUGH ITS PARTNERS vs THE STATE OF MAHARASHTRA

Bench: 3 — N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi

In Brief

A partnership firm owned land reserved for shopping centre and garden under the Morshi Development Plan (2005). Under the Maharashtra Town Planning Act, 1966, owners could de-reserve land after 10 years if the municipality did not acquire it. After 10 years, the firm served notice requesting either acquisition or de-reservation. The municipality initiated acquisition proceedings but failed to complete them within the required 24 months. The High Court dismissed the firm's plea, finding the notice premature. The Supreme Court allowed the appeal, holding the notice validly served and the municipality's steps insufficient. The Court directed the Government to notify the lapsing of the reservation in the Official Gazette, releasing the land for the owner's development.

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Land Acquisition Urban Planning Town Planning Act Property Rights Administrative Law Reservation of Land Constitutional Law

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