JUDGMENT :

M.W. Chandwani, J.

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

2. Whether the legal fiction of lapsing of reservation provided under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as ‘the Act’ for short) would apply in a case where a purchase notice under Section 127 of the Act is given after statutory period of ten years from the final development plan, but before expiry of ten years from the date of revised development plan, is a question raised in this petition.

3. The petitioners are the owners of field bearing Survey Nos. 500, 501, 502 (Old Survey No.297) at Mouza Mohpa, Tahsil Kalmeshwar, District Nagpur (hereinafter referred to as “the said land” for short). In development plan for Mohpa, Tahsil Kalmeshwar, District Nagpur, published on 20/09/1973, the said land was reserved for weekly market and shops vide reservation No.TPS-2469/61163-W-II, Mohpa. No steps were taken by respondent No.4 to acquire the said land under the provisions of the Act. Vide notification dated 31/03/2012, the revised development plan for Mohpa was published under Section 38 of the Act. Even