Deemed lapsing of reservation in case of land acquisition Act

State of Maharashtra v. Bhakti Vedanta Book Trust, (2013) 4 SCC 676
Land Acquisition and Requisition
Maharashtra Regional and Town Planning Act, 1966 (37 of 1966)
Ss. 127 and 126 - Deemed lapsing of reservation - When occurs - Ten years' inaction by authorities after reservation of
the land - Service of notice by owner under S. 127 thereafter requiring R-1 to take steps for acquisition within six months
of receipt of notice - Requisite steps not taken by authorities within six months even thereafter to prevent lapsing of
reservation - Hence, held, reservation of land lapsed at that point -
One year later owner's building plan for construction
on reserved land/land owned by it submitted to competent authority rejected on ground that acquisition proceedings had
already been initiated - Legality of - Reiterated, following Girnar Traders, (2007) 7 SCC 555, if any private land is shown
as reserved in the Development Plan, it can be acquired within 10 yrs either by agreement or by following procedure
prescribed under 1894 Act - If proceedings for acquisition of land are not commenced within that period and a further
period of six months elapses from the date of service of notice under S. 127 of 1966 Act, reservation will be deemed to
have lapsed and land will be available for development by owner - Hence, High Court did not commit any error by
declaring that reservation of land owned by Respondent 1 had lapsed and rejection of its application for construction of
building thereon was legally unsustainable, 

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