JUDGMENT :

Y.G. KHOBRAGADE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioners have put-forth prayer clauses (B) and (C) as under:

“(B) The Hon’ble High Court may kindly be pleased to issue appropriate writ, order or direction in the nature of writ, and thereby declare that the land Gat No. 27/3 admeasuring 2 H 06 R situated at Khedi Budruk, Taluka & District Jalgaon, is free from any encumbrance of reservation more particularly from reservation no. 223 (Play Ground) as reserved in final development plan of Jalgaon (Additional Area).

(C) The Hon’ble High Court may kindly be pleased to issue appropriate writ, order or direction in the nature of writ, and direct the respondents to notify the lapsing of reservation by publishing notification in Official Gazette under section 127(2) of MRTP Act, forthwith.”

3. The learned Counsel appearing for the Petitioners canvassed that, Respondent No. 5 published the development plan on 10.08.2004, which came into force w.e.f. 01.10.2004. Under the development plan, the Petitioners’ land is shown under reservation No. 223 for play ground and 18 meter D.P. Road. However, even after lapse of more