JUDGMENT - DESHPANDE R.G., J.:---This petition raises an important question pertaining to the provisions of the Maharashtra Regional and Town Planning Act, 1966, and the provisions of the Land Acquisition Act, 1894, precisely relating to the provisions of sections 126 and 127 of the M.R.T.P. Act. If for 10 years from the date of final publication of the Development Plan, the land reserved is not acquired by acquiring body or the authority for which it is to be acquired but before issuance of the notice under section 127 of the M.R.T.P. Act by the owners, some steps are taken by the acquiring body which thereafter are continued, whether in such a case could be it said that the reservation is lapsed in accordance with the provisions of that Act.

2.The facts, in short, necessary can be narrated as under:

In the year 1977, Survey No. 114, area O. 93 hectre of mouza Chikhali belonging to the petitioners and their brothers and sisters, was reserved for the purposes of Agricultural Produce Market Committee, Chikhali vide Vikas Yojana Shashan Adhisuchana No. T.P.S.-2676-2053 Pudi-5 dated 6-1-1977. This was strictly in pursuance of the final development plan published, which had come into for

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