Authority: High Court of Judicature at Bombay

Order Date: 23 September 2026

Case Overview

  • Petitioner: Devi Construction LLP; Respondents: State of Maharashtra and associated authorities.
  • The dispute arose from a Purchase Notice dated 15 March 2024 issued under Section 49 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), invoking clauses (1)(a) and (1)(e).
  • Respondent No. 3 (Director of Town Planning) rejected the notice on 9 September 2024, alleging non‑compliance with Section 49(2), which requires attachment of a copy of any application made to the Planning Authority and any resulting order.
  • The petition was filed on 16 October 2024; an affidavit‑in‑reply was filed by Assistant Director Abhijit Ketkar on 5 November 2025 on behalf of Respondents Nos. 1‑3.
  • Petitioner’s counsel, Adv. Dormaan Dalal, argued that Section 49(2) applies only when an application to the Planning Authority has been made, which is not the case for claims under clause (e) (price‑restriction claim) and clause (1)(a) (compulsory acquisition designation).
  • Respondent’s counsel, Adv. Kavita Solunke, contended that the purchase notice must be accompanied by the said application and a claim to the Municipal Council, which was absent.
  • The Court examined the statutory language of Section 49, emphasizing the disjunctive nature of clauses (a)‑(e) and the limited scope of subsection (2).
  • Precedent: Aone Land Developers v. State of Maharashtra (2019) and Gopal Kashinath Lad v. State of Maharashtra (2022) were relied upon, holding that clause (e) is an independent contingency and does not trigger the requirement of an accompanying application under subsection (2).
  • The Court reiterated that the purpose of Section 49 is to protect owners’ rights under Article 300‑A of the Constitution, preventing undue deprivation of property value.

Final Outcome

  • The order dated 9 September 2024 passed by Respondent No. 3 is quashed and set aside.
  • Respondent No. 3 is directed to decide the Purchase Notice of 15 March 2024 under Section 49(1)(a) and (e) without insisting on an application under Section 49(2), within six weeks of the order’s upload.
  • The rule is made absolute in these terms.
  • No order as to costs was made.

Topics: Land Acquisition, Urban Planning