Oka, J.

1. Since the issues involved in these petitions are more or less common, we are deciding the same by a common judgment. We have taken up the petitions for final disposal.

2. In substance, the challenge in these petitions is to the acquisition proceedings initiated on the basis of the notification dated 11 1st December, 2010, issued under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as ‘the said Act of 1966’) read with Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the said Act of 1894’).

3. The main submissions have been made in Writ Petition No. 6872 of 2011 by Shri V.D.Sapkal, learned counsel appearing for the petitioner. Learned counsel appearing for the petitioners in Writ Petition No. 1371 of 2012 has generally adopted the submissions made by learned counsel Shri Sapkal.

4. For the sake of convenience, we are making a reference to the facts of the case in Writ Petition No. 6872 of 2011.

FACTS OF THE CASE

5. The petitioner in the said Writ Petition claims to be the owner of land bearing Gat No. 53, admeasuring 5 acres 23 gunthas, situated at village Waladgaon, Taluka and District Aurangabad. By notification dated 7th October, 1991, issued by the State Government in exercise of powers conferred by clause (b) of Sub-section 1 of Section 40 of the said Act of 1966, the 2nd respondent (the City & Industrial Development Corporation of Maharashtra Limited) was appointed as the Special Planning Authority to undertake planned and orderly development of Waluj notified area comprising the areas specified in Schedules I and II to the said notification.

6. In the year 1992, a draft development plan was published for Waluj notified area. The development plan was sanctioned by the State Government on 14th August, 2001, which came into force with effect from 1st October, 2001. As far as the land bearing Gat no. 53 held by the petitioner is concerned, area of 1 Hectare & 72.5 Ares (hereinafter referred to as ‘the said land’) was shown reserved for Growth Center-1 in Waluj Township-4. As pointed out earlier, notification dated 1st December, 2010 was issued by the District Collector, Aurangabad in exercise of powers under Section 126(4) of the said Act of 1966 read with Section 6 of the said Act of 1894, by which the said land along with the other lands set out therein were notified for acquisition. The said notification was published in Government Gazette dated 23rd December, 2010.

7. The State Government published notification dated 26th September, 2008, by which, in exercise of powers under the provisions of the Maharashtra Metropolitan Planning Committees (Constitution & Functions) (Continuance of Provisions) Act, 1999 (hereinafter referred to as, _ the said Act of 1999_), the Aurangabad Metropolitan area within the meaning of clause (c) of Article 243-P of the Constitution of India was constituted. It is pointed out in the petition that the entire revenue village Waladgaon, where the land subject matter of acquisition is situated, became part of the Aurangabad Metropolitan area.

8. The challenge in this petition is to the notification of acquisition, which is referred to above, as well as the subsequent notice issued to the petitioner on 30th April, 2011 under Subsections (3) and (4) of Section 9 of the said Act of 1894. The first prayer in the petition is for declaration that there is no power vesting in the 3rd respondent to acquire the land for the benefit of the 2nd respondent. There is a prayer made in the alternative directing the 2nd to 4th respondents not to acquire the land exceeding 25 per cent of the land held by the petitioner in terms of the provisions of the draft development plan. There is a reply filed to this petition by the 4th respondent. There is also a separate reply filed on behalf of 2nd and 3rd respondents.

THE SUBMISSIONS OF THE PETITIONERS

9. Learned counsel appearing for the petitioner in Writ Petition no. 6872 of 2