( 1 ) THE petitioner impugns in these proceedings, the validity of a declaration issued by the Government of Maharashtra under section 126 (4) of the Maharashtra Regional and Town Planning Act, 1966 read with section 6 of the Land acquisition Act, 1894, on 21st March, 2005 and 6th April, 2005. The lands which form the subject-matter of the acquisition proceedings comprise of C. T. S. No. 481 (part) ofrasta peth, Pune and admeasure 4055. 37 sq. mtrs. The petitioner which is a partnership firm of builders and Developers claims to have en- tered into a development agreement with the ninth respondent on 10th January, 2005. The revised Development Plan for the City of pune was sanctioned by the State Government on 5th January, 1987 and the Plan came into force on 5th February, 1987. Under the Development Plan as sanctioned, the land was reserved for Government purposes and the acquiring body was Government in the Education Department. The ninth respondent served a purchase notice under section 127 calling upon the respondents to take steps for the acquisition of the land. On 12th April, 2001, the 9th respondent was informed by the office of the District Employment and Self Employment Guidance Centre that acquisition proceedings had already been initiated since 1997. The ninth respondent submitted a building plan for sanction to the City Engineer of the Municipal Corporation. Sanction was refused inter alia on the ground that there was a reservation on the property. It has been averred in the petition that a declaration has been issued under section 126 (4) of the Maharashtra Regional and town Planning Act, 1966 read with section 6 of the Land Acquisition Act, 1894.

( 2 ) SECTION 127 of the Act provides thus :"127. If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan comes into force or if proceedings for the acquisition of such land under this Act or under the land Acquisition Act, 1894, are not commenced within such period, the owner or any person interested in the land may serve notice on the Planning Authority, Development authority or as the case may be, Appropriate authority to that effect; and if within six months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the 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. "the submission of the petitioner is that no steps have been taken within a period of six months of the service of the notice of purchase dated 16th October, 2000 upon which the reservation must be regarded as having lapsed.

( 3 ) AFFIDAVITS in reply have been filed in these proceedings on behalf of the District employment and Self Employment Guidance officer, Special Land Acquisition Officer and by the Assistant Director of Town Planning. From the replies and the material that has been placed on the record, it emerges that on 13th November, 1998, an application was submitted by the Assistant Director in the employment Exchange at Pune to the Collector for initiating acquisition proceedings. The proposal is in the prescribed form and is annexed to the affidavit in reply of the Assistant Director of Town Planning filed on 23rd January, 2006 at Exh. B-3. A copy of the covering letter under which the aforesaid statement was submitted was also produced before the Court during the course of the hearing. The Collector thereupon sent the proposal to the Special Land Acquisition Officer at Pune for acquisition proceedings. The special Land Acquisition Officer asked the city Survey Officer No. 2, Pune to carry out a

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