- (1.)HEARD the learned Counsel for the petitioner and the learned counsel for the respondents.
(2.)MR. Bhangde, learned Counsel for the petitioner states that the petitioner nos. 1 to 4 are the owners of Plot Nos. 1/35, 1/36, 1/37 and 1/38, admeasuring 4800 sq. ft. , 4800 sq. ft. , 4280 sq. ft. and 4800 sq. ft, respectively situated at rajapeth, Amravati. It is submitted that in the year 1974 the Final Development plan came into force and in the said Development Plan, the above plots were shown in the residential zone. It is submitted that the revised draft Development plan was published on 3-11-1988 and in the said revised draft Development Plan, the above referred plots were shown to be reserved for play-ground and recreation activities (appropriate Proposal No. 194 ). It is submitted that the above revised Development Plan was sanctioned by the State Government on 4-12-1992 and came into effect from 25th February, 1993.
(3.)MR. Bhangde, the learned Counsel for the petitioner states that as per section 127 of the Maharashtra Regional and Town Planning Act, 1966, the owner of the land is entitled to serve notice on the Planning Authority if the land is not acquired as per the reservation shown in the Development Plan within a period of 10 years and on receipt of such notice, the Planning Authority are required to acquire the land within six months, failing which the reservation made in the Development Plan lapses. It is submitted that in the instant case the draft Development Plan came into effect on 25th February, 1993. The Planning authority has not acquired the land for the purpose for which it is reserved in the development Plan till 25-3-2003 i. e. within the period of 10 years and therefore, in view of section 127, the petitioner issued notice to the Planning Authority dated 21st April, 2004, which was served on respondent Nos. 2 and 3 on 24th april, 2004, wherein the petitioners have requested to these authorities to acquire the land if they are interested within the stipulated time.