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. Act after service of the above referred notice on the Planning Authority, if within six months from the date of service of such notice, the land is not acquired or no steps are taken for its acquisition, reservation, allotment or designation shall be deemed to have lapsed and thereupon the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land under the relevant plan. It is submitted that the Planning Authority vide resolution dated 29-4-1995 expressed its inability to acquire the above referred land of the petitioners and to pay compensation to them and, therefore, released the above referred land of the petitioners from the relevant reservation. However, in spite of that, the Planning Authority failed to act as per its resolution dated 29-4-1995 and, therefore, petitioners were constrained to file Writ Petition No. 3763/1998 before this Court seeking declaration that the reservation on the land of the petitioners has lapsed as per provisions of section 127 of the M. R. T. P. Act.

( 3 ) LEARNED Counsel Shri Manohar submits that this Court vide judgment dated 21-9-1999 passed in Writ Petition No. 3763/1998 held and declared that regional reservation on the petitioners' land which applied on account of the 1978 development plan has lapsed, but declined to grant any other relief to the petitioners in view of subsequent developments. It is contended that in view of the above referred judgment of this Court, the land of the petitioners after lapsing of reservation was deemed to be released from such reservation and was available to the petitioners for the purpose of development as otherwise permissible in the case of adjacent land under the relevant plan. However, the respondent Municipal Council published revised draft development plan on 13-11-1997. The petitioners submitted their objections before the planning Authority on 20-11-1999 and final development plan was published on 9-1-2004.

( 4 ) IT is submitted by learned Counsel Shri Manohar that in the revised final development plan, the land of the petitioners i. e. Plot No. 90/1 is shown to be again reserved for garden (reservation No. 25) and Plot No. 90/2 was again reserved for playground (reservation No. 28 ). It is contended that once reservation is lapsed in view of section 127 of the M. R. T. P. Act, right of the ownership for development of the said land cannot be again subjected to reservation via section 38 of the M. R. T. P, Act. It is submitted that controversy in this regard is concluded by the judgment of the Division Bench of this court in the case of (Shri Baburao Dhondiba Salokhe v. Kolapur Municipal corporation, Kolhapur and anoth

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