A. S. OKA, J.

On 14th August 2012, a notice was issued by this Court. While adjourning the Petition on 15th March 2013, we had put the learned counsel appearing for the parties to the notice that the Petition will be taken up for final disposal.

2. The third Respondent is the Tasgaon Municipal Council which is the Planning Authority within the meaning of Sub-section (19) of Section 2 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the Town Planning Act"). The third Respondent Tasgaon Municipal Council is the Planning Authority as it is a local authority within the meaning of Sub-section (15) of Section 2 of the Town Planning Act being a Municipal Council under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965 (hereinafter referred to as "the said Act of 1965").

3. The Petitioners are the owners of the land bearing Survey No.208A/ 1 to 5 (hereinafter referred to as "the said lands"), situated within the limits of the third Respondent Municipal Council.

4. In exercise of powers conferred by Sub-section (1) of Section 31 of the Town Planning Act, the first Respondent State of Maharashtra sanctioned the development plan for the city of Tasgaon subject to modifications of minor nature as specified in the schedule appended to the notification. By the said notification, it was declared that 1st March 1993 shall be the date on which the said development plan shall come into force.

5. It is the case of the Petitioners that the said lands held by the Petitioners were shown reserved in the development plan for Municipal Naka and 30 meters wide ring road. It is contended that as the said lands were never notified for acquisition for more than ten years, on 6th April 2011, the Petitioners served a notice under Section 127(1) of the Town Planning Act to the Chief Officer of the third Respondent. It is contended that within the time of 12 months provided under Sub-section (1) of Section 127 of the Town Planning Act, no steps were taken for acquisition and, therefore, the reservation on the said lands is deemed to have lapsed. Therefore, various prayers are made in the Petition including a prayer for issuing a writ of mandamus for releasing the said lands from reservation. The Petitioners have prayed for declaration that the reservation stands lapsed. There is also a prayer for issuing a writ of mandamus for notifying the lapsing of the said reservation of the land in the official gazette.

6. An affidavit-in-reply has been filed by the sixth Respondent The Public Works Department of the State of Maharashtra through its Deputy Engineer Shri Ravikumar Ramrao Patil of Tasgaon, District - Sangli. In the reply, it is contended that the land bearing Survey No.208A owned by the Petitioners is reserved for the project of ring road. It is stated that by a letter dated 28th May 2012, the Executive Engineer, Public Works Department, called upon the Collector to intimate the amount of compensation payable to the Petitioners. It is stated that the Collector has submitted estimate of the compensation payable. It is stated that steps have been taken to measure the lands which are reserved and the measurement charges have been deposited. There is a separate reply filed by the third Respondent/Planning/Authority in which the fact that the notice under Section 127 of the Town Planning Act has been served to the third Respondent has not been disputed. It is contended that by passing a resolution, the third Respondent handed over possession of the required portion of the reserved land to the Public Works Department on 29th December 2001. It is stated that apart from the reservation for the project of ring road, there is a reservation bearing No.79 for establishing a Municipal Naka for collection of octroi. It is stated that as the levy of octroi has been already abolished, the requirement of establishing Municipal Naka may not survive.

7. The learned senior counsel appearing for the Pet