JUDGMENT :

S. G. Dige, J.

1. Rule, returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

2. By this Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a declaration that the reservation of the Petitioner’s land under the Development Plan of Solapur for 1997- 2007 for the Garden purpose and under the reservation no. E.P. (Exclusion Plan) 87 (12/9) South part, admeasuring 2353 sq. mtrs., situated at New Survey No. 526/2A, (old Survey No.497) village Kasabe Solapur, Tal.North Solapur, Dist.Solapur (for short “the said land”) has lapsed. Petitioner also prays for a direction to the Respondents to forthwith notify the lapsing of reservation of lands in the Official Gazette as required under section 127(2) of the Maharashtra Regional and Town Planning Act, 1966 (for short “the MRTP Act”) with further direction to the Respondent No.2-Municipal Corporation to grant the necessary development permission to the Petitioner, being the owner of the land, for the purpose of development as otherwise permissible in the case of adjacent land under the Plan.

3. The Government of Maharashtra (Respondent No.1) vide its Notification dated 28t