B.P. Dharmadhikari, J.

1. By this petition filed under Article 226 of the Constitution of India, the petitioners seek declaration that reservation of land of House No. 2032, Khasra No. 5/4, mouza Wanjri, Kamptee Road, Nagpur has lapsed and that land is now available for development as otherwise permissible in terms of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as 1966 Act). The petition is being opposed by Nagpur Improvement Trust which is respondent no. 2 as also by respondent no. 4 Nagpur Municipal Corporation. Affidavit in reply has been filed by respondents no. 4 and 5. No reply has been filed by the Nagpur Improvement Trust.

2. Petitioner no.1, a Company incorporated under the Companies Act, 1956 and its Director, petitioner no. 2 served a notice dated 7th October 2011 on Chairman, Nagpur Improvement Trust and also on Commissioner, Nagpur Municipal Corporation, Nagpur as per the provisions of Section 127 of the 1966 Act. Assistant Director of Town Planning, Nagpur Municipal Corporation (respondent no. 5) forwarded reply on 25.10.2011 and pointed out that notice was not accompanied by any title document and measurement ma