Judgment - SINHA D. D. , J.

( 1 ) RULE returnable forthwith. Heard Shri Manohar, learned Counsel for the petitioners, Shri Patel, learned Assistant Government pleader for the respondent Nos. 1, and Shri Sambre, learned Counsel for the respondent No. 2.

( 2 ) SHRI Manohar, learned Counsel for the petitioners, states that petitioners are owners of land bearing field Survey No. 90/1, 90/2 and 90/3 situated at Mouza Sindi, Tahsil and District Wardha. In the year 1976 the above referred land was reserved under development plan of the city for open space (Plot No. 90/1) and for High School and play ground (Plot No. 90/2 ). It is contended that in view of section 127 of the Maharashtra Regional and Town planning Act, 1966, since land was not acquired within ten years from the date on which final regional plan or final development plan came into force and proceedings for the acquisition of above referred and under the M. R. T. P. Act or under the Land Acquisition Act, 1894 were not commenced within such period, the petitioners served notice dated 26-7-1988 on the Planning authority, i. e. Municipal Council, Wardha. It is contended that in view of provisions of section 127 of the M. R. T. P

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