JUDGEMENT :

A. S. CHANDURKAR, J.

1. RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

2. The question that arises for consideration in this writ petition filed under Article 226 of the Constitution of India is whether a reservation pursuant to a Draft Development Plan as published having deemed to have lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short, ‘the Act of 1966’) could be revived while publishing the Final Development Plan despite the deeming fiction as contemplated by Section 127 of the Act of 1966.

3. The facts relevant for considering the answer to the aforesaid question are that the petitioners claim to be the owners of Field Survey No.5 admeasuring 6 Hectare 77 R, Field Survey No.15 admeasuring 6 Hectare 05 R and Field Survey No.16 admeasuring 4 Hectare. In the Development Plan of the city of Akola that came into force on 01.04.1977, Field Survey No.5 was shown to be reserved for ‘Playground’ vide Reservation No.93. Since no steps were taken to acquire the said land in the light of the reservation as proposed, the petitioners on 06.05.1991 issued a notice under Section 127 of the Act of 1966 and ca