SWATANTERKUMAR,C.J.:- By this Judgment, we shall dispose of the above two Writ Petitions. In Writ Petition No. 1067 of 2007, the Petitioners have approached this Court under Article 226 of the Constitution of India praying that the notice dated 22nd December. 2003 and the acquisition proceedings taken by Respondent No.4 in pursuance to the said Notification are illegal having lapsed in accordance with the statutory provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the Town Planning Act") in terms of Section 127 of the Act. They also prayed that the Respondents should be restrained from taking any action or steps in regard to acquisition and reservation of the land of which the Petitioners are the owners. This prayer has been made on the premise that the Petitioners and/or their predecessor in interest had purchased C.S. No.565 of Mazgaon Division from the sellers in terms of the Deed of Conveyance dated 18th November, 1943. Respondent No.1 executed a Deed of Grant in relation to C.S. No.l/565 of Mazgaon Division in favour of the predecessor in title. On 26th February, 1944 these premises were leased out. After coming into force of the development plan in relation to Greater Mumbai, on 6th January, 1966 Respondent No.3 had informed the predecessor in title of the Petitioners that the property in question had been reserved in the development plan for extension of Victoria Garden and Zoo and had requested for the willingness of the parties. A Notification was issued by Respondent No.5 on 18th September, 1974 which was published in the official Gazette on 5th December, 1974. Notices under clauses (3) and (4) of Section 9 of the Land Acquisition Act were also issued to all persons, but on 21st November, 1986 Respondent No.6 informed the Petitioners that they do not wish to acquire the said property on account of nondeclaration of the award as contemplated, on or before 23rd September, 1986. The acquisition proceedings were allowed to lapse. Revised development plan for E Ward where the property in question was located was issued and came into force on 23rd December, 1991. After the lapse of ten years i.e. as on 22nd December, 2001, the revised development plan came into force and no action for completing the acquisition proceedings were taken by the concerned authorities resulting in issuance of a notice by the Petitioners to Respondent No.7 under Section 127 of the Town Planning Act on 16th December. 2002 requiring the said authority to acquire the Said property In accordance with law. This notice was received by them on 17th October, 2002. On 28th October. 2002 after receiving the letter issued by the Petitioners, Respondent No.3 called upon the Petitioners' predecessor in title to submit ownership details in respect of the said property which were submitted on 6th December, 2002.

2. Vide letter dated 3rd July. 2003, the predecessor in title of the Petitioners and Respondent No.7 informed Respondent No.3 that more than six months have lapsed from the date of service of notice under Section 127 and since no steps have been taken, the properties stand released automatically. However, vide their letter dated 25th July, 2003, Respondent No.3 informed the Petitioners and Respondent No.7 that application was made to the State Government as per the provisions of the Town Planning Act on 10th April, 2003 for acquisition of the said properties and as such steps for acquisition were taken in accordance with law and there was no question of the property being de-reserved. A Notification was issued by Respondent No.5 on 22nd December, 2003 declaring that the said property was needed for a public purpose and Respondent No.6 was appointed under the Land Acquisition Act to perform the functions of the Collector. This Notification was published in the official Gazette of the State of Maharashtra on 4th March, 2004. Proposed Building plans in relation to C.S. No.565 and 11565 of Mazagaon Divi