Saturday 1 July 2023

Whether any person other owner of immovable property can give valid notice U/S 127 of MRTP Act?

 c] In the case of Ramchandra Shankar Joshi and others v. State of Maharashtra and others reported in MANU/MH/2180/2015 : 2016 (1) Mh LJ 765 : 2015 (6) AIR Bom R 364 in paragraph Nos. 7 & 8 the Division Bench of this Court has observed thus:

"7. It is a settled position of law that notice contemplated under Section 127 of the Act of 1966 is to be given by the owner or the person having interest in the land which is reserved, allotted or designated for the particular purpose in the development plan. The object of the notice under Section 127 is to inform the Authority mentioned therein to acquire the land which is designated, reserved or allotted in the final development plan. It is further settled position in law that form of notice under Section 127 is not prescribed. Therefore such notice shall meet sufficient requirement in describing the land in clear terms and require the planning authority or development authority or the appropriate authority, as the case may be, to acquire or compulsorily purchase the land so reserved, allotted or designated in the development plan. 


Writ Petition No. 5312 of 2016

Decided On: 20.03.2018

Mariyam Begum Abdul Jalil Khan and Ors.  Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.V. Gangapurwala and S.M. Gavhane, JJ.

Author: S.M. Gavhane, J.

Citation: MANU/MH/1536/2018.

Read full Judgment here: Click here

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