JUDGMENT - R.M. LODHA, J.:---Heard Mrs. M.V. Shetty, learned Counsel for petitioners and Ms. Savla, learned Counsel for respondent No. 2 viz. Municipal Corporation of Gr. Bombay.

2. At the outset, we are constrained to observe that the first respondent viz. State of Maharashtra has not chosen to file any counter or return in opposition to the writ petition. Shockingly, nobody has appeared for State Government to argue the matter on their behalf. In the circumstances, we heard the learned Counsel for petitioners and learned Counsel for second respondent.

3. The petitioners claimed to be owners of a plot of land admeasuring 3646.23 sq. mtrs. known as Hakimwadi situate at the junction of Falkland Road and Eruchshaw Road, bearing Cadastral Survey No. 176, Tardeo Division, Bombay, particulars whereof are given in Exhibit-A. The said property was reserved for a Municipal Recreation ground in the "D" Ward Development Plan sanctioned by the State Government under Government Notification, Urban Development, Public Health and Housing Department No. TPB-4366/78109 dated 6-1-67. According to petitioners, the proceedings for acquisition of the said property were not commenced for more than 10 yea

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