5.The case of the contesting respondent -
Municipal Council - is that the revised
development plan was prepared in which the suit
site in all these cases, has again been proposed
to be reserved and, accordingly, there was
supplementary development plan which was
published on 22.12.2011 and the revised
development plan is sent to the State Government
for further sanction under letter dated
23.12.2011. According to the Municipal Council,
the same plan is pending consideration of the
Government which is final authority to take the
decision. That is why, according to the Municipal
Council, the lapsing of reservation in respects
of the lands in question will have no effect in
view of the subsequent proposal to reserve the
land again in the light of Section 38 of the
MRTP Act. The question about exercise of power
under Section 38 of MRTP Act for reserving same
land again in respect of which lapsing took
place; in respect of Section 127 of the MRTP Act,
1966, is no more res integra and the Division
Bench of this Court decided the said question in
favour of the petitioners in case of Baburao
DhondibaSalokhevs.KolhapurMunicipal
Corporation, Kolhapur and another ( 2003(3)
Mh.L.J. 820). In paragraph No.18, this Court
quoted, thus:
