JUDGMENT :

B.U. DEBADWAR, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. Petitioners have filed this writ petition under Article 226 of the Constitution of India for quashing and setting aside the second revised development plan of respondent No. 2- Municipal Council, Kopargaon, sanctioned on 28.12.2012, to the extent of lands bearing Survey Nos. 103 and 104 belonging to them and for declaration that they are entitled to develop the said lands.

3. The facts giving rise to the present petition in nutshell, are as under:

Shri L.S. Kulkarni was the owner of the lands bearing Survey No. 103, adm. 15 Hectors 17 R. including un-cultivable portion of 3H. 98R. and Survey No. 104 adm. 3H. 35R. including uncultivable portion of 37R. both situated at Kopargaon, Tq. Kopargaon, Dist. Ahmednagar (hereinafter referred to as ‘lands’). After the death of Shri L.S. Kulkarni, his right, title and interest in the lands was succeeded by his son Vasant L. Kulkarni and heirs of pre-deceased son Vilas Vasant Kulkarni viz. Smt. Sushila (wife), Ketan (elder son) and Nikhil (younger son). After the death of Smt. Sushila, Ketan and Nikhil who are petitioner nos. 5 and 6 of this petition, succeeded her share.

4. Petitioner nos. 1 to 4 were in continuous physical possession of lands as tenants. In due course of time, the compromise took place between petitioner nos. 1 to 4 on one part and petitioners no. 5 to 6 on other part and in the said compromise, petitioner nos. 5 and 6 relinquished their ownership rights to the extent of 5H. 18R. out of Survey No. 103 and 1H. 10R. out of Survey No. 104 in favour of petitioner nos. 1 to 4 and retained ownership of remaining portion of both the lands with them. As such, petitioner nos. 1 to 6 are the owners in possession of both the lands to the extent of their shares as shown in revenue record.

5. Respondent No. 2 - Municipal Council, Kopargaon is the Planning Authority within the meaning of Section 2 Sub-section 19 r/w Section 2(15)(b) of the Maharashtra Regional Town Planning Act, 1956 (hereinafter referred to as the ‘Act’). Petitioner No. 2 vide its resolution No. 13-A dated 13.11.1975 prepared revised Development Plan of Kopargaon City. The said development plan published in Official Gazette dated 11.12.1975. Thereafter, respondent No. 2 added some additional area in proposed Development Plan by way of additional Development Plan. On 29.10.1980, respondent No. 2 submitted both the proposed development plans i.e. revised provisional development plan and revised additional provisional development plan to respondent No. 1 for sanction and in turn respondent No. 1 sanctioned the same on 02.05.1988 and implemented with effect from 01.08.1988. In so sanctioned revised development plan, both the lands belonging to the petitioners shown to have been reserved for the purposes of Garden, Open Space, Kabrasthan Park and Public Latrine.

6. Though revised development plan was sanctioned in the year 1988, there was no acquisition of land of the petitioners for the purposes, for which they were reserved during the period of 10 years. Therefore, after completion of more than 10 years, petitioners issued notice u/s 127 of Act, calling upon the respondent no. 2-Municipal Council, Kopargaon, to acquire the lands belonging to them. In spite of service of the said notice, respondents did not initiate acquisition proceedings and issue notification u/s 6 of the Land Acquisition Act, 1894, within the period of six months from the date of service of the notice. Consequently, petitioners approached this court and filed writ petition bearing No. 6959 of 2008 against the respondents of present writ petition, for direction to them to release the lands. The said writ petition came to be allowed on 31.08.2009 and thereby their lands came to be released from the revised development plan of Kopargaon city sanctioned on 02.05.1988.

7. In spite of releasing the lands in pursuance of the Judgment and Order date