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december 2014

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.

Hasmukhrai V. Metha vs State Of Maharashtra & Ors · Niyam