1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1106 OF 2011 (Purushottam Jethmalji Maheshwari vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JULY 22, 2011. Heard Shri Kukday, learned counsel for the petitioner, Shri Jichkar, learned AGP for respondents No. 1, 4, 5 & 6 and Shri Chaudhari, learned counsel for respondents No. 2 & 3. The learned counsel for the petitioner points out that the final development plan for Municipal Council, Umarkhed (Respondent No. 2) has come into force on 15.04.1999 and in it lands of the petitioner bearing Survey No. 2, ad measuring 71R are shown to be reserved for Primary School. No steps to acquire it were taken within 10 years as required by Section 127 of Maharashtra Regional Town Planning Act and hence he served a notice dated 16.07.2009 calling upon the respondents to initiate steps for its acquisition. No steps were taken and as there was some error in description of lands, fresh notice was then issued on 29.09.2009. In spite of service of that notice also, no steps were taken. Therefore, present petition has been filed. 2 It is contended that after service of said notice, the period of 23 months has expired and preliminary notice under Section 126 has not been issued. Shri Chaudhari, learned counsel has urged that initially the period within which such notice was required to be acted upon was six months and it has been increased to 12 months by the Maharashtra Act No. XVI of 2009 published on 25.06.2009. He states that within said period of 12 months, Municipal Council has resolved to acquire that land. Thereafter Collector, Yavatmal, was approached on 08.07.2010 and on 12.09.2010, the Collector, Yavatmal has nominated SDO and LAO, Pusad, to hold preliminary inquiry and to publish notification under Section 126 (4) of MRTP and under Section 6 of Land Acquisition Act. He, therefore, contends that necessary compliances have been made within a period of 12 months. The learned AGP is supporting the arguments advanced by Shri Chaudhari, learned counsel. He points out that on 29.01.2011, the office of Sub-Divisional Officer has written to Deputy Superintendent of Land Records at Umarkhed, for joint measurement of land. It is apparent that on 29.01.2011, Land Acquisition Officer has only sought joint measurement with direction to that authority to recover cost of measurement from Municipal Council. It is, therefore, obvious that till date even notification under Section 126 3 of MRTP Act has not been published. The amendment on which Shri Chaudhari, learned counsel is placing reliance has come into force on 29.09.2009. It is, therefore, obvious that before said period was extended from 6 months to 12 months, reservation had already lapsed. In view of this position, petition is allowed. It is declared that land of the petitioner described above is already de-reserved. Rule accordingly. No order as to costs. JUDGE JUDGE *GS.