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2004 Supreme(SC) 1315

B.N.SRIKRISHNA, SHIVARAJ V.PATIL
Girnar Traders – Appellant
Versus
State of Mahashtra – Respondent


ORDER

This appeal is directed against the judgment of the Division Bench of the High Court of Judicature at Bombay, Aurangabad Bench, dismissing the writ petition of the appellant under Article 226 of the Constitution of India. The question for consideration is: Whether all the provisions of the Land Acquisition Act, 1894 as amended by Central Act 68 of 1984 can be read into the provisions under Chapter VII of the Maharashtra Regional and Town Planning Act, 1966 for an acquisition thereunder?

2. The appellant is a registered partnership firm owning certain lands situated within the jurisdiction of Second Respondent, Jalgaon Municipal Council. The land owned by the appellant was subject to a reservation in the draft development plan of Jalgaon town, which was published on 19.3.1987.

Since the appellant was unable to develop the land under reservation, and no steps were being taken by the Jalgaon Municipal Council to acquire the said land under the provisions of The Maharashtra Regional And Town Planning Act, 1966 (hereinafter referred to as the M.R.T.P. Act ), the appellant issued a notice dated 19.1.1989 under Section 49(1) of the M.R.T.P. Act, calling upon the State Government to ei
























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