JUDGMENT :

(A.S. Gadkari, J.) :

1) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the respective parties, the Petition is taken up for final hearing.

2) By this Petition under Article 226 of the Constitution of India, the Petitioner has prayed for writ of mandamus for direction to declare that, the land owned by him bearing Survey No.228/1+2/2, (Final Plot No.91), admeasuring 0.30 Ares (300 sq.mtrs.), situated within the municipal limits of Respondent No.6, stands lapsed and the same is available to the Petitioner and for other consequential reliefs.

3) Heard Mr. Gavnekar, learned Advocate for Petitioner, Smt. Thakur, learned A.G.P. for Respondent Nos.1 to 5 and Mr. Keluskar, learned Advocate for Respondent No.6. Perused entire record.

4) Petitioner is the owner of land bearing Survey No. 228/1+2/2 (Final Plot No.91), admeasuring 0.30 Ares (300 sq.mtrs.) situated within the jurisdiction of the Respondent No.6. The said plot of land has been shown to be reserved for ‘Garden’ vide Site No. 110, as per the First Development Plan sanctioned in the year 1970 for the city of Malegaon under the provisions of the Maharashtra Regional and Town Planning Act, 19