Mumbai: In a relief for a Virar (W) resident, the Bombay High Court recently declared that reservation on his land has lapsed and that it shall be released from reservation.Justices Ajey Gadkari and Kamal Khata on April 22 directed the state government to notify lapsing of the reservation by publishing it in the official gazette within 6 weeks.Darpan Thakur had purchased around 18,700 sq ft land which is part of a larger area. Thereafter, he learnt that as per the development plan sanctioned on Feb 9, 2007, his land was reserved for market, garden, community center and a 20 meter DP road. As the state did not acquire his land within 10 years, the reservation lapsed in Feb 2017.Thakur issued a notice under Section 127 (lapsing of reservations) of Maharashtra Regional and Town Planning Act to the Vasai Virar City Municipal Corporation commissioner to either release the land or acquire it. As no steps were taken within 24 months, he moved the HC in Nov 2023.Thakur’s advocates Murtaza Najmi and Shambhu Jha submitted that although reservation has lapsed, he is unable to use the land as records show it is reserved. The judges noted that VVMC’s March 2025 offer of TDR (transferable development rights), in lieu of monetary compensation, was also made about one and a half years after the petition was filed. The communication “was purely an afterthought, with a view to create a record and nothing else.”They said the authorities ignored directions in various Bombay HC judgments. “They appear to be bent upon harassing the citizens for reasons best known to them,” they added. They cited judgments that held there is no requirement for the owner to seek declaration from court as effect of lapsing of reservation on the basis of Section 127 notice is automatic.
