You should wait till expiry of 10 years ie March 2018
2) then serve notice under section 127 of MRTP act
The Maharashtra Regional and Town Planning Act, 1966
Dear Sir/Madam, We have a 2000 sq. feet land in Tuljapur Tehsil. On this land there was a reservation for since 1988 which got was lapsed and then under 'Tuljapur Devlopment Authority Act 2008', local Municipal corporation put reservation for 'Vegetable market'. We wanted to develop this land hence 2 year before through local lawyer we served notice to Municipal corporation referring 127 clause of 'The Maharashtra Regional and Town planning Act, 1966' for buying the land or providing us the right for its development. The copy of this notice was sent to 'District Town Planning Department (Osmanabad)', 'Divisional Town Planning Department (Aurangabad)', Maharshtra Govt. Town Planning Department (Mumbai). Immediately upon receipt of notice, we received a copy of letter addressed to 'local municipal corporation CEO' by 'Secretary of Town planning department of Maharashtra Government' that decision to be taken on the same and reply to be given us. Now even after 2 year, we have not received any communication from any of the agency. Then we contacted our lawyer and he instructed us to apply for 'Construction permit' from municipal corporation. But before doing that when we searched on the web and we found that the rule 127 says (as per below) applicant has to wait for 10 years to complete after pass of final regional plan and then he should serve notice and wait for 1 year to complete. "127. Lapsing of reservation:- If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan comes into force or if proceedings for the acquisition of such land under this Act or under the Land Acquisition Act, 1894 (1 of 1894), are not commenced within such period, the owner or any person interested in the land may serve notice on the Planning Authority, Development Authority or as the case may be, Appropriate Authority to that effect; and if within six months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development as otherwise, permissible in the case of adjacent land under the relevant plan." We need guidance, 1) Whether we should wait till March 2018 (for 10 years completion of plan) and again serve the notice under 127 to municipal corporation ? or 2) We should listen to our local lawyers advise and apply for the construction/development permit? 3) Any other suggestion? Thank you.
Asked 6 years ago in Property Law
Religion: Hindu
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5 Answers
1) Any how court goes in fever of local government authorities. So wait till March 2018 and serve the notice under 127 to municipal corporation.
2) please go through Tuljapur Devlopment Authority Act 2008, and try to put your point to give other land in different area or TDR, ask benefit equivalent price of your land.
The provisions of the law referred by you is very clear that one has to wait for the lapse of 10 years period and to follow the procedures subsequently as envisaged in the law.
However since your lawyer has suggested some steps in order to get some response from the authorities who are sleeping over the issue, you may initiate the suggested step if this try costs nothing or a big burden.
Dear Client,
Above provision is contingent in nature which entitle owner, development rights on failure to respond by authorities in given time.
The period of 10 year will lapse in 2 months, but hurdle can be impose, if they replied to notice and replied in negative.So keep it to last resort, and apply for the construction/development permit.
If, there any provision which bars, issue of notice on approval of construction/development permit.
Above proceeding are initiated in The Maharashtra Regional and Town Planning Act, 1966 only or Land Acquition act too ?
If you are not satisfied with the said lawyer you can take second opinion from another lawyer who is competent in the said issue. The said decision will be in accordance with the provisions of the said Act.
