1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10902 OF 2009 Shabbir Ahmed Haji Raj Mohd. & Ors. ..Petitioners versus The State of Maharashtra & Ors. ..Respondents Mr. R. D. Suryawanshi for Petitioners. Mr. C. R. Sonawane – AGP for State – Respondent Nos. 1 and 2. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JUNE 09, 2010. P.C. : 1. Heard the learned counsel for the petitioners and the learned AGP for the State – respondent nos. 1 and 2. 2. In the present petition, the petitioners are seeking declaration that the reservation of the land belonging to the petitioners in respect of Gat No.46- A/1-D admeasuring 25.49 Ares has been lapsed on account of failure to take appropriate steps by the Authorities of the Maharashtra Regional and Town Planning Department stipulated under Section 127 of the M.R.T.P. Act. 2 3. The following facts are not in dispute. That the land in question was reserved for playground and primary school for the first time in the concerned development plan in 2002 and the final development plan was declared on 15th September, 2006. In order to invoke the provisions of Section 127 of the M.R.T.P. Act, minimum period of ten years is required to be lapsed from the date the land is reserved for a public purpose as shown in the development plan. In the instant case it is not in dispute that the said period is yet to expire. 4. In that view of the matter, the petition is premature, hence dismissed. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)