H.L. GOKHALE, J.:---Can proceedings for acquisition of land lawfully taken be challenged by filing a writ petition after any number of years ? What should be the approach of the Government and its Ministers when an application for withdrawal of land from acquisition is made to the Government ? These are some of the important questions which arise in these three writ petitions.

2. These three writ petitions bearing Nos. 670/96, 3620/98 and 3874/98 are concerning the acquisition of a large plot of land admeasuring 1 Hector 34 Ares bearing Survey No. 559/A2/B2 situated in Bibwe-Wadi area of Pune City. These petitions have been heard together and are being decided together.

3. Writ Petition No. 670 of 1996.

Writ Petition No. 670/96 is filed by one Shri Pralhad Lokram Dodeja and his brother Bansidhar Lokram Dodeja, both of whom owned this plot of land. The third petitioner is M/s. Mutha Associates through its partner Shri Shantilal Mutha, who claims to have acquired the development rights over this land from petitioners No. 1 and 2. The first four respondents to this petition are the State of Maharashtra and its officers whereas the respondent No. 5 is the Agriculture Produce Market Committee, Pune (hereinafter referred to as "APMC") constituted under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (hereinafter referred to as the "APMC Act"). This plot of land has been acquired by the State of Maharashtra for the said APMC. The respondent No. 6 to this petition is the Pune Municipal Corporation which is the Planning Authority under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the "MRTP Act"). This land has been acquired under the provisions of this MRTP Act read with Land Acquisition Act, 1894 (hereinafter referred to as the "Acquisition Act").

4. Prayer (a) to this petition seeks to set aside the notification dated 13th November, 1987 under section 126(2) of the MRTP Act (read with section 6 of the Acquisition Act) issued by Special Land Acquisition Officer and published in the Government Gazette of 3-12-1987 declaring that the said land from Survey No. 559/2B part admeasuring approximately to 1 Hectare and 20 Ares is required for the benefit of the said APMC. This prayer includes the challenge to the subsequent communication from the Special Land Acquisition Officer dated 9-11-1989 informing the petitioners about the corrigendum to the said notification published in the Government Gazette of 26-10-1989 clarifying that the area of the concerned parcel of land under acquisition was 1 Hectare and 34 Ares (and not 1 Hectare 20 Ares). Prayer (b) in this petition seeks to set aside the entire acquisition proceedings and the Award passed by the Special Land Acquisition Officer (XIV) dated 9th November, 1989. Prayer (c) in this petition seeks a direction to the respondent No. 1 to 4 to delete the said property from reservation for the designated purpose of "Bamboo Trade and Flea Market". This petition came to be admitted on 15th April, 1996 and an interim order came to be passed in terms of prayer (e) thereof which seeks to restrain the respondents from proceeding further with the acquisition of the said land and from interfering with and/or disturb the vacant and peaceful possession of the petitioners in respect of the said land.

5. It is material to note that prior to the filing of this Writ Petition No. 670 of 1996, the petitioners herein had filed a civil suit bearing Regular Civil Suit No. 2194/90 in the Court of Civil Judge, Senior Division, Pune concerning this very plot of land and seeking by and large this very protection and thereafter an Appeal from Order bearing No. 266/91 against the vacating of ad interim injunction granted therein which appeal was pending in this Court. These petitioners however subsequently filed this petition also for the reason amongst others that in the meanwhile the Apex Court had taken a view in another matter that a suit