In Brief
In this civil appeal, the Supreme Court set aside a High Court judgment that had issued a writ of Mandamus directing the Kolhapur Municipal Corporation to acquire land and pay compensation to private landowners. The land had been reserved under a Development Plan for public purposes (parking, gardens, road extension). The Court held that the reservation had lapsed under Section 127 of the MRTP Act because no steps for acquisition were taken within 12 months of the landowners' purchase notice. Mere passage of a resolution did not constitute 'taking steps.' Additionally, the Court found the land was unsuitable for its designated purpose being flood-affected. The Court ruled a Planning Authority cannot be compelled to acquire unsuitable land and must satisfy itself at the planning stage that reserved land is fit for its intended public use.
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