S. U. KAMDAR, J.:- The two writ petitions raise a common question of law pertaining to the interpretation of section 126 of the Maharashtra Regional and Town Planning Act. 1966, particularly in context of the town planning scheme framed thereunder. Since both these petitions are raising a common question of law, we decided to dispose of the same by a common judgment.

Facts in Writ Petition No.510 of 1991.

2. Under the provisions of the Bombay Town Planning Act. 1954 which has since been repealed a declaration was made on 28-11-1958 declaring intention to prepare development plan for the city of Pune. The draft development plan was thereafter submitted to the Government for its sanction.

In 1965, the petitioners purchased the land bearing survey nos.209-1, 209/2 and, 209/3 totally admeasuring about 10 acres and 35 gunthas equivalent to 4 Hecters and 21 Ares. The said land was situated at Yeravada Town, Nagar Road, within the district of Pune. A sale deed in favour of the petitioner for the said land was executed and registered on 30-3-1970. On 15-8-1966, the draft development plan prepared under the then provisions of the Bombay Town Planning Act, 1954 was sanctioned. Under the said

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