A.K.SIKRI,J. - (1.) This appeal has a chequered history with many rounds of litigations. At the same time, it may not be necessary to take a detailed stock of various litigations. It is simply because of the reason that the controversy is substantially narrowed down, which we are called upon to decide in these proceedings. However, a glimpse of the events that have taken place since the start of the dispute may be spelled out in order to have an idea of the nature of the dispute that had initially arisen and how the controversy has remarkably shrunk and stands before us in a totally truncated form. The short list of dates and event, therefore, would suffice, which we reproduce below:
(2.) On September 16, 1991, the appellant claimed rights over the property being C.S. No. 1/255 on Foras Road, Tardeo Division, Mumbai, admeasuring 10,394 sq.mts. Under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the 'MRTP' Act), the Municipal Corporation of Greater Bombay can requisition the land for development for the purposes specified under the said Act. In respect of the aforesaid land, a Draft Development Plan (DDP) was prepared by the Municipal Corporation in the year 1991. Under the said Plan, 3548.52 sq.mts. of land was reserved for recreation ground, 1355 sq.mts for maternity home and 5491.4 sq.mts. for housing the dishoused. However, later the reservation for recreation ground was reduced to 2000 sq.mts. The MRTP Act further provides for acquisition of such land, by agreement or under the Land Acquisition Act, 1894 in order to enable the Municipal Corporation to develop the land as per the DDP. If the steps in this behalf are not taken within the stipulated period, it results into lapsing of the land reserved for development. This was so provided under Section 127 of the MRTP Act, which reads as under: "127. Lapsing of reservation: If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan comes into force or if proceedings for the acquisition of such land under this Act or under the Land Acquisition Act, 1894 (1 of 1894), are not commenced within such period, the owner or any person interested in the land may serve notice on the Planning Authority, Development Authority or as the case may be, Appropriate Authority to that effect; and if within six months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development as otherwise, permissible in the case of adjacent land under the relevant plan."
(3.) On February 06, 2003, the appellant served upon the respondent Corporation a purchase notice under Section 127 of the MRTP Act and called upon the Corporation to initiate acquisition proceedings in respect of land reserved for recreational ground. On February 27, 2004, Notification under Section 6 of the Land Acquisition Act, 1894, read with Section 126 of the MRTP Act was issued by respondent No.1. On June 21, 2006, by notice under Sections 9 and 10 of the Land Acquisition Act, respondent No.4 called upon the appellant to furnish details required as per the notice issued and also to record objections in respect of measurement of the subject land. On September 22, 2006, the appellants gave their No Objection for handing over the subject land against monetary compensation. On April 22, 2010, the appellant filed Writ Petition No. 1184 of 2010 wherein a prayer is made for a declaration of lapsing of the reservation. The appellant, however, also prayed for an alternative order in the nature of a direction to the respondents to acquire the land.;