- (1.) Leave granted.
(2.) The appellant whose land bearing CTS Nos. 31(pt), 7 (pt), 70 to 78, 80(pt) and 81, measuring 2188 sq. mtrs. at Vikhroli were reserved in the Development Plan in the year 1991 for acquisition by the Ministry of Railways for laying additional railway tracks between "Thane and Kurla", has questioned the correctness of the notification dated 5.8.2008 issued by the Urban Development Department of the respondent No. 1-State Government under Section 37(1) of the Maharashtra Regional Town Planning Act (for short "the MRTP Act") proposing the modification in the Development Plan deleting the reservation of land in question from Railway reservation and adding reservation for Development Plan Road, before the High Court of Bombay questioning the power of the State Government regarding the proposed modification in the Development Plan after the period of 10 years specified under Section 127 of the MRTP Act, was expired and the State Government has failed to take steps for acquisition of the land involved in these proceedings reserved for the purpose of laying additional railway tracks between "Thane and Kurla", which was not interfered with by the High Court by recording its reasons in the impugned order dated 12.12.2011, passed in the Writ Petition No. 2274 of 2011, is under challenge in these proceedings, urging various legal contentions. The brief facts of the case are as under:- In the year 1991, appellant's land in question were reserved under the Sanctioned Development Plan of Greater Mumbai for acquisition of respondent No.2 herein - Union of India, Ministry of Railways for laying down additional Railway tracks between "Thane and Kurla".
(3.) No steps were taken by the concerned authorities despite passing of 10 years period as contemplated under Section 127 of the MRTP Act to acquire the reserved land of the appellant. The appellant has issued the purchase notice under the said Section on 04.09.2002 to the respondent No.2 - Ministry of Railways stating that if, the Ministry of Railways is in need of the land in question, the same may be acquired by them, and if the same is not required, a clarification to that effect may be issued.;