B.P. Dharmadhikari, J.

1. Both these petitions question the acquisition of land of respective petitioners for the purpose it is earmarked in final development plan of the Municipal Council, Latur (Now Municipal Corporation and is referred accordingly). Petitioner in Writ Petition No.5154/2008 is respondent no.6 in Writ Petition No.503/2009. Petitioner in Writ Petition No. 503/2009, has contended that his land is being acquired to spare the lands of said respondent no.6 Abhijit who is the petitioner in Writ Petition No.5154/2008.

2. The matters pertain to acquisition of land for public purpose and accordingly have been heard as requested by the parties. These matters have been admitted for final hearing on 05.08.2011 and 08.08.2011 respectively and interim orders are operating against the planning authority i.e. Municipal Corporation, Latur. The fact that Municipal Council, Latur is planning authority under Section 2(19) of the Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as “the 1966 Act” for short) is not in dispute. It had on 29th August, 1989 vide resolution no. 3 declared its intention under Section 38 read with Section 23(1) of the 1966 Act to