Supreme Court of India · 2014-12-03
Hasmukhrai V. Metha vs State Of Maharashtra & Ors
- Court
- Supreme Court of India
- Petitioner
- Hasmukhrai V. Metha
- Respondent
- State Of Maharashtra & Ors
- Author
- Prafulla C. Pant
- Bench
- Prafulla C. Pant, Vikramajit Sen
Judgment text excerpt
The Supreme Court held that under Section 49 read with Section 127 of the Maharashtra Regional and Town Planning Act, 1966, if the land reserved for a public purpose is not acquired within a specified time, the owner is entitled to seek its release from reservation. The Court found that the appellant's land was initially designated for residential use and that the authorities failed to initiate acquisition proceedings within the mandated timeframe, thus entitling the appellant to have the land released from reservation. The appeal was allowed, directing the release of the land for development purposes.