Purchase notice under town planning law triggers lapse of reservation when acquisition steps are not taken within time.

Under section 127 of the Maharashtra Regional & Town Planning Act, 1966, a valid purchase notice triggers a six-month period for the Planning Authority to commence acquisition steps, and the Authority cannot postpone that period by demanding unnecessary particulars or by probing title where validity is otherwise ascertainable. On the facts, the notice was valid, no effective acquisition steps were taken within time, and the reservation lapsed. The Court also found no clear waiver, abandonment, estoppel, or disabling delay and laches, because the conduct relied on did not amount to intentional relinquishment and the later delay did not validate an acquisition lacking legal foundation.

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Issues: (i) Whether the six-month period under section 127 of the Maharashtra Regional & Town Planning Act, 1966 commenced from service of a valid purchase notice and whether the reservation lapsed for failure to take acquisition steps within that period; (ii) Whether waiver, abandonment, or delay and laches barred relief.

Issue (i): Whether the six-month period under section 127 of the Maharashtra Regional & Town Planning Act, 1966 commenced from service of a valid purchase notice and whether the reservation lapsed for failure to take acquisition steps within that period.

Analysis: The statutory scheme required a valid purchase notice by the owner or person interested, after which the Planning Authority had six months to commence steps for acquisition. The Authority was entitled to satisfy itself that the notice was valid, but section 127 did not permit an inquiry into title or allow the running of time to be postponed by demanding particulars already within the Authority's records. Once a valid notice was served and no steps under section 126 were taken within six months, the reservation ceased to operate.

Conclusion: The notice was valid, the six-month period ran from its service, and the reservation lapsed because no effective acquisition steps were taken in time.

Issue (ii): Whether waiver, abandonment, or delay and laches barred relief.

Analysis: Waiver required a clear and intentional relinquishment of a known right, which was not shown on the facts. The trustees' conduct in exploring sale without admitting authority to acquire did not amount to abandonment, and the tenants were not parties to the earlier proceedings. Since the reservation had already lapsed and the acquisition was without legal foundation, delay in approaching the High Court did not cure the invalidity.

Conclusion: There was no waiver, abandonment, estoppel, or disabling delay and laches.

Final Conclusion: The statutory consequence of lapse under section 127 operated, the acquisition notification was invalid, and the appeal was rejected.

Ratio Decidendi: Under section 127 of the Maharashtra Regional & Town Planning Act, 1966, the six-month period is triggered by service of a valid purchase notice, and the Planning Authority cannot defer that period by insisting on unnecessary particulars when the validity of the notice is otherwise ascertainable.

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