JUDGMENT :

Sandeep V. Marne, J.

The issue involved in the present petition is, whether the land designated as 'green belt' in the development plan can be subjected to the provisions of Section 127 of the Maharashtra Regional and Planning Act, 1966 (hereinafter referred to as the 'MRTP Act, 1966').

2. The City and Industrial Development Corporation is the Special Planning Authority in respect of the Notified Area, Waluj. The State Government sanctioned development plan for notified CIDCO area by notification dated 14.08.2001. The petitioners claim to be owners of land bearing Gut No.183, admeasuring 5-H, 92-R to the extent of area 5 Acres and 30 R situated at village Tisgaon, Tal. and Dist. Aurangabad. In the development plan, the land owned by the petitioners is shown to be affected by 20 meters green belt. The petitioners initially offered to surrender the land in consideration of amount of compensation by way of application dated 17.06.2014 and 25.06.2014. However, CIDCO did not show any interest in acquiring the land owned by the petitioners. Petitioner no.1, therefore, issued a Purchase Notice on 10.07.2014 to CIDCO under Section 127 of the Maharashtra Regional and Two Planning Ac