The main legal point established in the judgment is that the reservation of land under the Maharashtra Regional and Town Planning Act, 1966 can lapse if the authorities fail to take effective steps towards acquisition within the statutory period.

JUDGMENT

R.G. Avachat, J. - Rule, made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

2. This petition under Article 226 of the Constitution of India has been filed with the following main prayers :-

"(B) By an appropriate writ, order or direction in the like nature, it may be held and declared that reservation to the extent of 1 Hector 21 R from survey Nos.233, 233/1, 233/2, 233/3 and 233/4 situated at Kinwat, Tq. Kinwat, Dist. Nanded reserved for play ground as part of development plan of Kinwat City dated 27.05.2002 is lapsed.

(C) By an appropriate writ, order or direction in the like nature, respondent no.1 may kindly be directed to publish notification under Section 127(2) of the Maharashtra Regional and Town Planning Act for deleting of land to the extent of 1 Hector 21 R from Survey Nos.233, 233/1, 233/2, 233/3 and 233/4 situated at Kinwat, Tq.Kinwat, Dist. Nanded reserved for Play Ground from the development plan dated 27.05.2002 of Kinwat Municipal Council."

3. A short question that falls for consideration in this petition is, whether reservation of the land owned by the petitioners in the development plan prepared under the Maharashtra Regional and Town Planning Act, 1966 ("the M.R.T.P Act", for short) shall be deemed to have lapsed on account of the land having not been acquired or no steps were taken for acquisition thereof within the statutory period from service of notice under Section 127 of the M.R.T.P. Act.

4. The petitioners are owners of land survey nos.233, 233/1, 233/2, 233/3 and 233/4 to the extent of 4 Hector 60 R. The petitioners are brothers interse. Their father was original owner of the land comprised in Gat No.233. By virtue of mutation entry No.223, names of the petitioners have been recorded in the revenue record of land survey nos.233 and 233/1 to 233/4. The land ad-measuring 1 H 21 R has been reserved as site no.48 in the draft development plan of city of Kinwat on 27.05.2002. The land has been reserved for the purpose of play ground.

5. It is averred in the petition that since the land of the petitioners has been reserved in the development plan, they could not develop it. They have, thus, suffered financial loss. A period of over twelve years has passed post the development plan of 2002 came into being. Respondent no.4 Municipal Council, Kinwat, did not take any step for acquisition of land reserved for play ground. The petitioners, therefore, issued a purchase notice under Section 127 of the M.R.T.P. Act to the respondents on 28.09.2015. On receipt of the notice, the Director of town planning, State of Maharashtra, directed respondent no.4 to act in accordance with the provisions of M.R.T.P. Act. Respondent no.4, in turn, asked the petitioners to submit the map and relevant documents. The petitioners complied with the requisition. Still, no steps have been taken for acquisition of the land. The reservation, therefore, lapsed. Hence, the petition.

6. Affidavit-In-Reply came to be filed on behalf of respondent nos.1 to 3, stating therein that the land belonging to the petitioners has been reserved in the development plan of city of Kinwat. The development plan has been notified on 27.05.2002. On receipt of the notice, respondent no.4 has been requested to take necessary steps in accordance with the provisions of M.R.T.P. Act. It is further averred in the affidavit-in-reply that the M.R.T.P. Act came to be amended. Amendment has been notified in the Government Gazette dated 31.12.2015. By virtue of the said amendment, the words "twelve months" appearing in Section 127(1) of M.R.T.P. Act, came to be replaced with the words "twenty four months" from the date of service of notice under Section 127 of the M.R.T.P. Act.

7. The Chief Officer of respondent no.4 filed affidavit-in-reply in his personal capacity. It has been averred in the affidavit-in-reply that he had, time and again, requested the President of Municipal Council to take appropriate steps. Electi