LODHA R.M., J.:---The petitioner is owner of the land bearing R.S. No. 773 admeasuring approximately 19831 sq.mtrs., situate at Kasba Karvir within Kolhapur city. The first respondent-Kolhapur Municipal Corporation (for short the Corporation) is the Planning Authority under the provisions of Maharashtra Regional and Town Planning Act, 1966. The development plan of the Kolhapur city was revised by the Corporation in the year 1977 which came to be sanctioned by the State Government and became effective from 15-10-1977. In that revised development plan, the petitioners aforesaid land was reserved for two separate purposes viz. (i) garden and (ii) 18 meters wide D.P. Road. In the year 1980 at the instance of the Corporation, the acquisition proceedings in respect of portion of petitioners aforesaid land reserved for 18 metres wide D.P. Road commenced. On 26-3-1991, the acquisition proceedings in respect of land reserved for public purpose of 18 metres wide D.P. Road culminated in award. However, as regards petitioners remaining land reserved for the purpose of garden when no steps were taken until July, 1991, the petitioner on 8th August, 1991, gave notice to the Corporation under section 127 of the Maharashtra Regional Town Planning Act, 1966 (for short M.R.T.P. Act) calling upon them to acquire the said land reserved for garden within the stipulated period of six months from the date of service of the notice. The notice dated 8-8-1991 under section 127 of M.R.T.P. Act was served upon the Corporation on that date itself. It appears that on 28th January, 1992, the Corporation passed a resolution reiterating its intention to acquire petitioners land reserved in development plan for garden for the said public purpose. Thereafter, on 19-2-1992 the Corporation made an application to the Collector, Kolhapur for taking necessary steps for acquisition of Survey No. 773 for the public purpose of garden. It appears that somewhere in the year 1992, second draft development plan of Kolhapur city was published. In the said draft development plane, petitioners land was proposed to be reserved for public purposes of children play-ground and housing of the dishoused. It is petitioners case that since no steps were taken by the Corporation for compulsory acquisition of petitioners aforesaid land reserved for garden within six months of the receipt of notice dated 8-2-1991, the reservation of petitioners land stood lapsed and accordingly, on 9-7-1992, the petitioner through his supervisor submitted the layout plan for construction over the said land to the Commissioner of the Corporation. The said application dated 9-7-1992 made by petitioner for construction was rejected by the Commissioner on 8-9-1992 on the ground that the said land in the draft revised development plan of 1992 has been reserved for children play ground and for housing of the dishoused. The petitioner filed this writ petition on 20th October, 1992 and has prayed that it be declared that the petitioners land being R.S. No. 733, situate at Kasba Karvir, Kolhapur stands released from reservation in the sanctioned development plan of Kolhapur city and that petitioner is entitled to develop the said land. He has also prayed for quashing and setting aside the decision of the Corporation contained in the letter dated 8-9-1992. During the pendency of writ petition, it may be noted that on 18-12-1999 the second revised draft development plan of Kolhapur city was sanctioned by the State Government.

2.In response to the writ petition, the first affidavit was filed by the Corporation through one Shri Hemant Chandrakant Jadhav, Junior Engineer. It is their case in the reply affidavit that since second draft development plan was published in the year 1992 and by the said draft development plan, the petitioners said land was reserved for the public purposes of garden and housing of the dishoused and the said draft development plan was sanctioned by State Government on 19-12-1999, the