JUDGMENT :

[Kamal Khata, J.]

1. Rule. Respondents waive service. Rule is returnable forthwith.

2. The present petition is filed under Article 226 of the Constitution of India for a Writ of mandamus for a declaration that the reservation of the land belonging to the petitioner stood lapsed as no steps have been taken by the respondents within a period of 6 months from the date of Purchase Notice given to the respondent No. 1 under section 127 of the Maharashtra Regional Town Planning Act. (referred as “MRTP Act”).

3. The petitioners have also prayed for a declaration that the acquisition proceedings initiated by the respondents on the basis of the notification dated 16th June 2006 under Section 6 of the Land Acquisition Act stood lapsed, and consequently for return of possession of the land.

BRIEF FACTS:

4. The petitioners are the owners of the land bearing Survey no. 197/1K/B/1 & 2 admeasuring 81 Ares situated and abutting National Highway No.3, Bombay Agra Road, Nashik (referred as “the writ land”). The writ land had initially been notified in the Development Plan as “reserved for Stadium” and “60 ft. vide service road” under reserved No.294 on 28th June 1993.

5. It is the case of the p