Oral Judgment: (Smt. Ranjana Desai, J.)

1. Rule. Respondents waive service. By consent of the parties, taken up for final hearing.

2. The petitioners claim to be the owners of land bearing No.197/1 situate at Kupwad City, District Sangli (for convenience, “the said plot”). In this petition, the petitioners have prayed for declaration that the reservation shown on the said plot vide Reservation No.328 in the sanctioned development plan, published in the year 1985 in respect of Kupwad City has lapsed and that the petitioners are entitled to develop the portion of the said plot. The petitioners have further prayed that respondent 3

i.e. the Town Planner, Sangli-Miraj-Kupwad City Municipal Corporation, be directed to sanction the development/building plan submitted by the petitioners on 9/1/2008. Affidavit in reply has been filed by Sadhana Pradeep Naik, Deputy Director of Town Planning, Pune Division, Pune and also by Shrirang B. Patil, Deputy Commissioner, Miraj Division, Sangli-Miraj-Kupwad Municipal Corporation.

3. It is necessary to state the facts in brief as are evident from the affidavit of Sadhana P. Naik, Deputy Director of Town Planning, Pune Division, Pune and af