( 1 ) RULE. Heard forthwith.

( 2 ) THE subject matter is land identified under survey No. 125a/4b/2, admeasuring about 83 Ares, situated at village Aundh, Dist. Pune. The land had been kept under reservation for the public purpose of a garden in the development plan of Pune notified on 8th july, 1966. The said reservation for garden purpose was continued as per new revised Development Plan dated 5th January, 1987, draft plan of which was published in 1982. The petitioners had purchased the land from the original owners Wakde and others in the year 1989. The pune Municipal Corporation it is stated had taken no steps for acquisition of the said land within the period of 10 years from the year 1966. The present petitioners filed a Writ Petition No. 5467 of 1989 on 29th August, 1989 for deletion and / or de-reservation of the said land from the designated public purpose i. e. garden. After filing of the petition under legal advice, the petitioners served the purchase notice dated 5th October, 1989 under section 56 read with section 127 of the Maharashtra Regional Town Planning act, 1966 (hereinafter referred to as M. R. T. P. Act)with the Pune Municipal Corporation ca