JUDGMENT :

Nitin B. Suryawanshi, J.

1. A Division Bench, which was considering writ petitions filed under Article 226 of the Constitution of India seeking a declaration that the reservation of the land owned by the petitioners in the Development Plan of the Municipal Council has lapsed and the said land is released from reservation and will be available to the petitioners for development, has referred following question for consideration of Full Bench :

“Whether the High Court can lawfully declare lands reserved for a public purpose, under the Maharashtra Regional and Town Planning Act, 1966 for an inordinate long period of time, free from reservation in absence of a valid notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966?”

2. Before we proceed to decide the said question, it would be apt to consider relevant provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter for brevity, “the Act”).

“126. (1) Where after the publication of a draft Regional plan, a Development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this Act at any time, the