JUDGMENT :-

V. GOPALA GOWDA, J.

Leave granted.

2. The appellant whose land bearing CTS Nos. 31(pt), 7 (pt), 70 to 78, 80(pt) and 81, measuring 2188 sq. mtrs. at Vikhroli were reserved in the Development Plan in the year 1991 for acquisition by the Ministry of Railways for laying additional railway tracks between “Thane and Kurla”, has questioned the correctness of the notification dated 5.8.2008 issued by the Urban Development Department of the respondent No. 1-State Government under Section 37(1) of the Maharashtra Regional Town Planning Act (for short “the MRTP Act”) proposing the modification in the Development Plan deleting the reservation of land in question from Railway reservation and adding reservation for Development Plan Road, before the High Court of Bombay questioning the power of the State Government regarding the proposed modification in the Development Plan after the period of 10 years specified under Section 127 of the MRTP Act, was expired and the State Government has failed to take steps for acquisition of the land involved in these proceedings reserved for the purpose of laying additional railway tracks between “Thane and Kurla”, which was not interfered with by the