R.M.Borde, J. –

Heard Mr.S.G.Mundhe, learned Counsel holding for Mr.N.R.Katneshwarkar, advocate for the petitioner, Mr.B.A.Darak, learned Counsel for Respondent No.1 and Mr.S.P.Daund, learned A.G.P. for Respondents No.2 to 6.

Rule. Rule made returnable forthwith and heard finally by consent of the parties.

2. The petitioner, in this petition, claims that the reservation, allotment or designation made by the planning authority in respect of land S.No.253 situate at Kinwat, belonging to the petitioner, is deemed to have been lapsed by operation of provisions of Section 127 of the Maharashtra Regional & Town Planning Act, 1966 (for short, referred to as ‘MRTP Act’). The petitioner also contends that in spite of issuing notice under Section 49 (7) of the MRTP Act, land of the petitioner has not yet been acquired and as such the said land becomes available to the petitioner for the purpose of development in accordance with the rules and regulations as in the case of adjacent land.

3. The petitioner claims that he is owner of S.No.253 situate at Kinwat. It is contended that an area to the extent of 85 ares has already been taken in possession by the Mu