JUDGMENT

Arun R. Pedneker, J. - Present Writ Petitions are filed for a declaration that the reservation of the Petitioners' land of 0.74 Hector in District Beed, Maharashtra, for a public purpose under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred as 1966 Act') has lapsed and that the reserved land should be declared free for development.

2. The Petitioners in the Writ Petitions pray for the following reliefs:-

''c. By issuing a writ order of direction under Art. 226 of the constitution of India it be held and declared that, the reservation of the Survey no.87 at Taraf Giram in Beed to the extent of 74 R. owned by the petitioners in the development plan of Municipal council Beed has lapsed and the said land is released from the reservation and the land will be available to the petitioners for development.

d. Pending the hearing and final disposal of the present Writ petition the respondent authorities be restrained for acquiring the land of the petitioner to the extent of 74 R. situated at Taraf Giram, Beed for any development purpose.''

3. Heard Mr. S. S. Bora for the Petitioners, Mr. A. R. Kale, AGP for the Respondent/State and Mr. G. K. Naik Thigale, for the Respondent No.1, Municipal Council, Beed.

4. Facts leading to the filing of Writ Petitions can be summarized as under:-

A. The development plan under the 1966 ACt of District Beed, State of Maharashtra was sanctioned vide Urban Development Department and Public Health Department Notification No. TPS-3373/52859/W-II-(b) dated 23.06.1975 and came into force from 16.08.1975. In the said development plan, the Petitioners land from Survey No.87 Taraf Giram (area of 2 Acres and 11 Gunthas i.e. 0.92 Hectors) was reserved for 'Post and Telegraph Department', bearing Site No.17.

B. The development plan of Beed was revised and sanctioned by the State Government through it's Urban Development Department vide Notification No. TPS-3396/CR-180/96/UD-9 dated 08.09.1997 and came into force with effect from 15.10.1997. Certain portion of the excluded part of the earlier development plan was sanctioned vide Government Notification No. TPS-339/608/Cr-82(A)/99/UD-30, dated 10.05.2001. In the revised development plan (excluded part) dated 10.05.2001, the Petitioners land was reserved for 'Postal Department Quarter', as Site No.2 by reducing the area from 0.92 Hector to 0.74 Hector. The said revised development plan (excluded part) came into force from 01.07.2001.

C. The Petitioners served purchase notice dated 29.06.2006 on the planning authority and also on the development authority under Section 127 of the 1966 Act. As no steps were taken by the authorites to acquire the reserved land within the stipulated period, the Petitioners filed Writ Petition No.4232 of 2008 for above mentioned reliefs. The Petitioners, thereafter, served another purchase notice under Section 127 of the 1966 Act on 17.03.2009. On completion of period mentioned in the purchase notice and as no steps were taken by the authorities to acquire the reserved land within the stipulated period, the Petitioners filed Writ Petition No.2260 of 2010 for the same reliefs mentioned above.

5. In the factual background above, the learned Counsel for Petitioners Mr. Bora, submits that the final development plan for Beed came into existence w.e.f. 16.08.1975 and the Petitioners land to the extent of 0.74 Hector continued to be under reservation for different public purposes for more than 47 years and the Petitioners have issued purchase notices under Section 127 of the 1966 Act. However, no steps for acquisition are taken till date by the Respondents/Authorities and thus the land be declared to be free from reservation and the Petitioners be permitted to develop the same.

6. Mr. Bora further submits that revised development plan (excluded part) was sanctioned on 10.05.2001 and even from this stage more than 21 years have lapsed but no steps are taken by the authorities for acquiring the Petitioners land under reserv