New Delhi, Feb 26 – The Supreme Court has ruled that landowners cannot be indefinitely restricted from utilizing their property, emphasizing that any imposed limitations must have a definite time frame.
A bench comprising Justices J B Pardiwala and R Mahadevan set aside a ruling by the Bombay High Court, stating that land use restrictions cannot remain open-ended. "The landowner cannot be deprived of the use of the land for years together. Once an embargo has been put on a landowner not to use the land in a particular manner, the said restriction cannot be kept open-ended for an indefinite period," the bench noted.
The court referred to Section 127 of the Maharashtra Regional and Town Planning Act, 1966, questioning the rationale behind keeping a plot reserved in a development plan for 33 years without acquisition. It highlighted that neither the original owners nor the subsequent purchasers were allowed to utilize the land.
The judgment reinforced statutory timelines, stating that land must be acquired within ten years under Section 126 of the Act. Additionally, a one-year period was granted to landowners to serve an acquisition notice before the amendment introduced by Maharashtra Act 42 of 2015. The court declared these timelines "sacrosanct", mandating strict adherence by the state and its authorities.
The case in question involved a 2.47-hectare vacant plot, for which the owners had submitted a Land Development Plan. While part of the land was sanctioned for development, the remaining portion was reserved for a private school in the 1993 revised development plan. However, from 1993 to 2006, Maharashtra authorities took no steps to acquire the property, leading to prolonged uncertainty.
This ruling sets a significant precedent in ensuring that landowners are not subjected to indefinite restrictions without due process.