JUDGMENT/ORDER

SUNIL B.SHUKRE, J. - Rule. Heard finally by consent of the learned counsel for the parties.

2. The petitioner, a Company duly incorporated under the provisions of the Companies Act, 1956, has filed this petition seeking declaration that the reservation in the Development Plan for City of Nagpur for Primary School, bearing Reservation Nos.MN 92 and N 139, admeasuring about 4907 sq.mtrs. and 11037 sq.mtrs. respectively, out of Survey Nos.2-3/1 and 2-3/4 of Mouza Chikhli (Deosthan), Tahsil and District Nagpur, has lapsed under Sec. 127 of the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act") and the petitioner- Company is free to develop the land belonging to it in accordance with law. It has also prayed for issuance of Notification under Sec. 127(2) of the MRTP Act for lapsing of the reservation under Sec. 127 of the MRTP Act.

3. The factual canvass of the petition, presented in it's minimalist form, is as under :

(a) The petitioner claims to be the owner of two parcels of land, admeasuring 4907 sq.mtrs. and 11037 sq.mtrs., out of Survey Nos.2-3/1 and 2-3/4 of Mouza Chikhli, District Nagpur, which have been subjected to reservation for Primary School