Supreme Court Upholds Landowner Rights Over Indefinite Land Use Restrictions

The Supreme Court has reinforced that landowners cannot be indefinitely deprived of using their land. This was stated by Justices Pardiwala and Mahadevan while overturning a Bombay High Court order. Under the Maharashtra Regional and Town Planning Act, a ten-year limit is set for land acquisition, emphasizing timely adherence.

In a landmark judgment, the Supreme Court has asserted that landowners must not be indefinitely deprived of the use of their property. Justices J B Pardiwala and R Mahadevan emphasized this ruling while overturning a previous order by the Bombay High Court.

The court highlighted that once restrictions on land use are imposed, they cannot be open-ended. Referring to Section 127 of the Maharashtra Regional and Town Planning Act, 1966, the bench noted the 33-year reservation of a plot in a development plan was unreasonable.

The court observed that the state's failure to act on the land reserved for public use within the statutory ten-year period contradicted legislative intentions. This judgment underscores the necessity for timely adherence to acquisition timelines stipulated by law.