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Supreme Court of India 2020-01-29 dismissed

Mohandas and Others vs State of Maharashtra and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellants' properties were reserved in a Development Plan under Maharashtra town planning legislation. When no acquisition notice was issued within ten years, they sought relief claiming the reservation had lapsed. The Supreme Court dismissed their appeal, holding that while Section 127 of the Land Acquisition Act permits owners to demand acquisition after ten years without a declaration, the Development Plan had been revised under Section 38, resetting the ten-year clock. The appellants must wait until the revised period lapses before they can exercise rights under Section 127. The Court left open other potential remedies.

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Land Acquisition Town Planning Property Law Development Plans Constitutional Law

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