Land for public purpose under Development Control Regulations can be acquired under Section 126 MRTP Act

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Published 25 October 2026

Case: Not stated in source
Court: Bombay High Court
Bench: Not stated in source
Citation: Not stated in source
Statutes: Maharashtra Regional and Town Planning Act, 1966 — s.126
Waqf Act, 1995 — s.91
Source: Verdictum

Bottom Line Up Front (BLUF)

The Bombay High Court upheld the Bhendi Bazaar cluster redevelopment, ruling that land "required" for public purpose under Development Control Regulations, forming part of a Development Plan, can be acquired under Section 126 of the Maharashtra Regional and Town Planning Act. The court rejected a Section 91 Waqf Act plea, noting the Waqf Board's failure to apply within one month.

Ratio Decidendi · Legal Principle Established

Land designated for a public purpose under Development Control Regulations, which are part of a Development Plan, is subject to acquisition under Section 126 of the Maharashtra Regional and Town Planning Act, 1966. A redevelopment scheme that serves a public purpose cannot be invalidated merely because it involves a private trust.

Practice & Procedural Impact for Advocates

Advocates challenging land acquisition for redevelopment schemes must demonstrate that the scheme does not serve a public purpose, rather than focusing on the involvement of private entities. Litigants seeking to invoke Section 91 of the Waqf Act, 1995, must ensure strict compliance with the one-month application period.

Key Legal Takeaways

1Development Control Regulations integrated into a Development Plan enable land acquisition for public purpose under MRTP Act.
2Bhendi Bazaar cluster redevelopment was deemed a public purpose, not a private benefit.
3Non-compliance with the one-month application period under Section 91 of the Waqf Act leads to rejection.

The Legal Issue The Bombay High Court addressed whether land designated as "required" for a public purpose under Development Control Regulations, which form an integral part of a Development Plan, can be acquired under Section 126 of the Maharashtra Regional and Town Planning Act, 1966. The court also considered a challenge to the Bhendi Bazaar cluster redevelopment scheme, specifically whether it qualified as a public purpose or primarily benefited a private trust. Additionally, a plea under Section 91 of the Waqf Act, 1995, was raised by a mosque waqf.

Court's Reasoning The Bombay High Court upheld the Bhendi Bazaar cluster redevelopment, determining that the scheme indeed qualified as a public purpose. The court explicitly stated that the scheme could not be branded as solely benefiting a private trust. Regarding the acquisition of land, the court ruled that land identified as "required" for a public purpose within the framework of Development Control Regulations, which are part of a Development Plan, is subject to acquisition under Section 126 of the Maharashtra Regional and Town Planning Act, 1966. The court rejected the Section 91 Waqf Act plea, noting that the Waqf Board had failed to submit its application within the stipulated one-month period.

What Follows The Bombay High Court's decision means that the Bhendi Bazaar cluster redevelopment scheme can proceed. The ruling clarifies that land earmarked for public purposes under Development Control Regulations can be acquired under Section 126 of the MRTP Act. Parties seeking to challenge such acquisitions or invoke provisions like Section 91 of the Waqf Act must ensure strict adherence to procedural timelines and demonstrate a lack of public purpose rather than merely the involvement of private entities.