ORAL JUDGMENT (Per Bilal Nazki, J.):

1. The petitioner is an owner of a plot of land bearing Survey No. 78/2 situated at Kalyan (Adharwadi), Bhiwandi Shahad Road, Dist. Thane.

2. On 16th January, 1980, respondent No.3 sanctioned a revised development plan under the provisions of Section 38 r/w Section 23(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter for short referred to as “the MRTP Act”) for the entire area within the jurisdiction of the then Kalyan Municipal Council. The petitioner's land was mentioned in the schedule to the notification and was earmarked for saw mills and timber depots. A revised plan was prepared in December, 1996 and notification was issued on 20th November, 1998 calling for objections to the amended Draft Development Plan and petitioner's land use was changed and was reserved for Maharashtra State Road Transport Corporation. But nothing was done to acquire the land. The petitioner moved an application on 18th February, 2003 in terms of Section 127 of the MRTP Act to either dereserve the land or acquire the land. But nothing was done although five years have passed. Therefore, she filed this writ petition seeking direction from this Court and also sought quashing of orders contained in Exhibits “E” and “G” to the petition.

3. By letter dated 16th August, 2003 the petitioner was informed about an earlier letter dated 18th February, 2003 by which the petitioner had been informed that the possession be handed over to the respondents by transfer against Transfer Development Right. It appears that two letters were written to the petitioner in response to her application under Section 127 of the MRTP Act. One was dated 10th March, 2003 and another was dated 16th August, 2003. The petitioner did not respond to these letters and the respondents on 16th August, 2003 wrote a letter to the Collector requesting him to acquire the said land for the respondents.

4. The only question which needs to be addressed by this Court is whether the respondents have taken any steps as contemplated under Section 127 of the MRTP Act to defeat the application of the petitioner. Section 127 of the MRTP Act reads thus: "127. Lapsing of reservations.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 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.” From bare perusal of this section it becomes clear that the steps mentioned in the provisions are relatable to the acquisition and the process of acquisition of the land under the Land Acquisition Act starts with the Notification under Section 4(1) of the Land Acquisition Act.

5. Therefore, in our view, it may not be possible to consider that the respondents have taken any steps for acquisition of the land unless and until a notification under Section 4(1) of the Land Acquisition Act is issued. The Land Acquisition Act itself is a full Code and once the respondents have initiated the process for acquisition of the land the time frame is fixed till the

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