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december 2008

Supreme Court of India · 2008-12-02

PRAKASH R. GUPTA vs LONAVALA MUNICIPAL COUNCIL .

Citation / case number
SC 2002/5412
Court
Supreme Court of India
Petitioner
PRAKASH R. GUPTA
Respondent
LONAVALA MUNICIPAL COUNCIL .
Author
MARKANDEY KATJU,AFTAB ALAM, , ,
Bench
MARKANDEY KATJU,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court held that under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if land reserved for a purpose is not acquired within ten years, the reservation lapses. The Court found that the appellant's land was not acquired within the stipulated period, and the notice served by the appellant was not acted upon, leading to the conclusion that the reservation had lapsed. The Court set aside the High Court's judgment which incorrectly applied Section 49 of the Act, and directed the release of the land in favor of the appellant.

PRAKASH R. GUPTA vs LONAVALA MUNICIPAL COUNCIL . · Niyam