JUDGMENT

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order dated 6.8.2021 passed by the High Court of Judicature at Bombay, Bench at Aurangabad, holding that the reservation of land in the Development Plan stands lapsed as no declaration under Section 126 of the Maharashtra Regional and Town Planning Act, 1966 [For short, the ‘Act’] was published. However, the Planning Authority was given one year time to acquire the land once reserved relying upon the judgment of this Court reported as Municipal Corporation of Greater Mumbai & Ors. v. Hiraman Sitaram Deorukhar & Ors., (2019) 14 SCC 411.

2. A final Development Plan was published under Section 31(6) of the Act on 2.1.2002 which came into force on 18.2.2002 in respect of land including the land owned by the appellants such as Latur Reservation Site bearing No. 217 for playground. The appellants purchased the land bearing Plot Nos. 1, 2, 9 & 10 admeasuring 1394.05 square meters out of Survey No. 73, admeasuring 6500 square meters on 21.11.2002. Though the Development Plan was finalized, but the same was never implemented nor any action was taken for acquisition of the land under the Land Acquisition Act, 1894. After