In Brief
The appellants owned land reserved for a shopping complex under a 1984 Development Plan in Gondia, Maharashtra. Their predecessors had served notice in 2004 under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, seeking release from the reservation due to inaction. The High Court dismissed the writ petition. The Supreme Court affirmed the dismissal, holding that the appellants could not avail Section 127 relief because a declaration under Section 126(4) had been published on 03.09.1992 (within ten years of the plan's commencement). The revised 2012 Development Plan continued the reservation. The appellants must wait until 2022 to serve a fresh notice under Section 127. Article 142 was not invoked, as their circumstances were distinguishable from prior exceptional cases.
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