JUDGMENT :

Y. G. Khobragade, J.

1. Rule. Rule made returnable forthwith. With the consent of both the sides, the matter is heard finally.

2. By the present petition under Article 226 of the Constitution of India, the Petitioner, who is owner of the land bearing Gut No.179 (Hissa No.1+9B/A) old Survey No.759 situated at Sangamner, District Ahmednagar, towards Southern side of Kolhar- Ghoti State Highway and reserved in the final Development Plan of Sangamner Dist. Ahmednagar, prays for declaration about lapsing of reservation in view of Section 127 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter, referred to as 'the MRTP Act').

3. Mr. A. N. Nagargoje, the learned counsel appearing for petitioner submits that, the Petitioner is the owner of land bearing Gut No.179 (Hissa No.1+9B/A) old Survey No.759 situated at Sangamner, District Ahmednagar, towards Southern side of Kolhar- Ghoti State Highway. On 06.04.2005, the Respondent No.3 Development Authority published a notice and reserved land of the petitioner at Sr. No.85 for Public Health Center. Though the development plan of the Respondent No.3 Municipal Council has been sanctioned prior to 2005 and land of the petiti