The main legal point established is that the modification of land reservation from parking to a bus terminus constitutes a substantial modification under the Maharashtra Regional and Town Planning Act, 1966.

( 1 ) THE petitioners in both these petitions are owners of land situate at Yeravada, Pune, within the limits of Pune municipal Corporation. Motibagh Cooperative Housing Society Limited is owner of land admeasuring 83 ares bearing survey no. 152/1 and final plot No. 70/3. Udaysinh Narayanrao Borawake, the petitioner in Writ Petition No. 2890 of 1993, is the owner of an adjoining piece of land admeasuring 46. 304 sq. ft. , bearing survey no. 15 2/2.

( 2 ) BOTH the plots of lands are covered by the same Town Planning Scheme. They are in the residential zone. They are reserved for parking. The Planning Authority has changed the reservation of both these plots. That reservation has been changed for the purpose of a bus terminus of the Pune municipal Transport Corporation. This change of reservation is challenged in these petitions. These petitions, therefore, have been taken up together for disposal by this judgment.

( 3 ) THE lands belonging to the petitioners have undergone various changes in reservation. In 1966 they came under a green zone. On 1-6-1983 the Town Planning scheme for Pune was sanctioned under the maharashtra Regional and Town Planning act, 1966, hereinafter referred to as the "act", in the scheme, the said lands, hereinafter referred to as the "said lands", was shown as a residential zone. On 18-9- 1982 the said land was reserved for the purpose of parking in the Draft Development plan. The petitioners inquired from the Pune municipal Corporation as to how much area is required for parking. The Corporation wrote stating that 40 hectares of land was needed for a bus station and the rest could be used as a residential. The respondents invited objections in respect of the reservation for parking sometime in the year 1983. The petitioners submitted their objections. Udaysinh Narayanrao Borawake. the petitioner in Writ Petition No. 2890 of 1993, pointed out that he has already surrendered an are of 7185 sq. ft. for the purpose of a dhobi ghat. That land was lying unutilised and suggested that it could be used for parking.

( 4 ) THE petitioners in Writ Petition no. 347 of 1993, which are a co-operative society, submitted plans for development of their land and wrote to respondent No. 1 that they were commencing construction. The municipal Corporation issued a stop work notice on 6-10-1984.

( 5 ) THEN came the change in reservation, which is challenged. On 5-1- 1987 the State Government sanctioned the development plan under section 31 of the Act. While sanctioning this plan, the land was shown as reserved for a bus depot. Admittedly, no notice inviting objections or suggestions was issued by the respondents for a change in reservation from the purpose of parking to the purpose of a bus depot.

( 6 ) ON 6-4-1992 the respondents issued a Notification under section 6 of the land Acquisition Act read with section 126 (4) of the Act.

( 7 ) ON 25-1-1993 Writ Petition no. 347 of 1993 was filed whereas Writ petition No. 2890 of 1993 was filed on 27-7- 1993. By an interim order, this Court allowed the acquisition proceedings to proceed, but restrained the declaration of the award. While the petitions were pending, the co-operative housing society has surrendered an area of 3124 sq. mtrs. for road widening to the respondent No. 1.

( 8 ) THE principal challenge of Dr. Tulzapurkar, learned counsel for the petitioners in Writ Petition No. 347 of 2003 and Ms. Kiran Bhagalia, learned counsel for the petitioner in Writ Petition No. 2890 of 1993, is the same. According to the learned counsel, the land having been reserved for the purpose of parking in the Draft development Plan as published in the Official gazette, the change in its reservation for a bus depot and terminus is a modification of a substantial nature. Such a modification made while sanctioning the Draft Development plan under section 31 could only have been made after publishing a notice of the proposed modification and after inviting objections and suggestions from