2009 (1) AIR Bom R 561

Bombay High Court

Hon'ble Judge(s): F. I. Rebello, B. R. Gavai , JJ

( A ) Maharashtra Regional Town Planning Act (37 of 1966) S. 127 — De reservation of land — Notice under S. 127 — Is to be served on planning Authority or appropriate authority. (Paras9)

( B ) Maharashtra Regional Town Planning Act (37 of 1966) S. 43 , 127 — De reservation of land — Notice under S. 127 — Steps were taken for revision of development plan — Land cannot be developed by owner once declaration of intention of revision published — Hence even if reservation in development plan stands de-reserved yet considering S. 43 development can be carried out only with permission of Planning Authority.Under Section 43 of the M.R.T.P. Act, after the date on which the declaration of intention to prepare a development plan for any area is published in the Official Gazette or after the date on which a notification specifying any area as notified area is published in the Official Gazette, no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Planning Authority except for the purposes set out therein. A perusal, therefore, of Section 43 would indicate that the land cannot be developed, once the declaration of intention to prepare a development plan of any area is published. It would, thus be clear from the reading of this provision that even if the reservation in the development plan as notified, stands de-reserved, yet considering Section 43, the development can be carried out only with the permission of the Planning Authority. The Planning Authority while granting permission for development under Section 46 shall have due regard to the p....