K.K. Tated, J.

Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this Petition is heard finally at the stage of admission.

2. Present Petition is filed by the Petitioners under Article 14, 19, 226 and 227 of the Constitution of India seeking declaration that the reservation of Petitioners’ land is lapsed for not acquiring inspite of purchase notice issued by them under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. It is the case of the Petitioners that they are owners of land situated at Shirasgaon, Tq-Shrirampur, Dist-Ahmednagar bearing Gut No.92 admeasuring 5 Hectors. The said land is within Shrirampur Municipal Council, Shrirampur - Respondent no.5. It is the case of the Petitioners that Respondent No.5 prepared development plan for the development of the area of Municipal Council limits in which the Petitioners’ land is situated. The development plan of Shrirampur was finally sanctioned by the Director of Town Planning - Respondent No.3 by its order dated 23/5/1990. It is the case of the Petitioners that as per the sanctioned development plan out of "Gut No. 92 a piece of land admeasuring 6360 sq. mt. Was reserved for the public purpose i.e. for play ground. Leaving apart the said area, the Petitioners developed the remaining area of the land by obtaining sanction to the lay out of the land and permission for non agricultural use. It is the case of the Petitioners that actually there was no need to reserve petitioners land for play ground purpose. The action of Respondent No.1 is totally political motivated. It is the case of the petitioners that there are other lands in Shrirampur city which are reserved for the purpose of play ground. Though several lands were reserved for the purpose of play grounds for last more than 20 years, Respondent No.5 failed and neglected to take action for acquisitions of those lands. It is the case of the Petitioners that the scheme and development plan are sanctioned long back about 20 years but till today not a single plot / land is acquired by Respondent no.5 Planning Authority. Though the Development Plan was sanctioned on 23/5/1990 till filing of present Petition, Respondent No.5 Planning Authority has not taken any step or action for acquisition of Petitioners’ land. Therefore the Petitioners issued notice on 20/6/2002 under Section 127 of the MRTP Act, 1966 to Respondent Nos. 3 to 5. The said notice received by Respondent no.5 Planning Authority on the same date i.e. 20/6/2002. Though the Respondents received notice under Section 127 of MRTP Act, 1966, they failed and neglected to take any steps as per said notice within six months from the receipt of the same. It is the case of the Petitioners that as Respondents failed and neglected to take any steps and failed to acquire reserved plot of land within six months from the date of notice under Section 127 of the said Act, the reservation of the said land lapsed as per the provisions of law. Inspite of lapsing of said reservation Respondents failed and neglected to make necessary noting in Revenue Records. The Petitioners submitted that there is specific provision under Section 127 of the said Act that if no steps are taken for acquisition, the reservation, allotment or designation shall be deemed to have lapsed. Section 127 of the MRTP Act, 1966 reads as under :

"127. 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 lands 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 authority or as the case may be, appropriate authority to that effect; and if within six months from the date of the serv