(S.C. Dharmadhikari, J.)

1. Rule. Respondent Nos.1, 3, 4 to 6 waive service. By consent, rule made returnable forthwith.

2. The petitioners have filed this writ petition under Article 226 of the Constitution of India, claiming a declaration that Section 49(7) and Section 127 of The Maharashtra Regional and Town Planning Act, 1966 (For short, the M.R.T.P. Act, 1966) are ultravires Article 14, 19(1)(g), 21, 21A, 47 and 243(w) of the Constitution of India and therefore, are liable to be struck down. They also claim a writ of certiorari or any other writ or direction to quash and set aside the communications dated 23/02/2010 and 17/04/2010, directing petitioner No.1 to deposit 2/3rd amount of the compensation in respect of a proposed land acquisition. Prayer clause 'D' of the writ petition reads as under :

“Issue a writ of Mandamus, or any other appropriate writ, order or directions in the nature of writ of Mandamus directing the State Government to forthwith release the funds required for acquisition of lands reserved under the development plan of Chalisgaon Municipal Council for public purposes and for that purpose issue necessary orders.”

3. The few facts, which are necessary t