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