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1967 Supreme(SC) 229

K. S. HEGDE, G. K. MITTER, V. RAMASWAMI, K. N. WANCHOO, R. S. BACHAWAT
K. L. Gupte, Padamakar Balkrishna Samant, India Farmers Private LTD. bombay, Laxmisingh Uditsingh – Appellant
Versus
Municipal Corporation Of Greater, Bombay – Respondent


Advocates:
A.S.R.CHARI, B.SEN, K.R.CHAUDHARY, K.RAJENDRA CHAUDHARY, M.S.K.Shastri, PURSHOTTAM TRIKAMDAS, S.P.NAIR

Judgement

MITTER, J. : This is a group of four writ petitions filed under Article 32 of the Constitution. The common attack in all these petitions is against the validity of certain Sections of the Bombay Town Planning Act, 1954, hereinafter referred to as the Act.

2. The petitioners are all owners of plots of land in areas round about Bombay, commonly known as Greater Bombay. They have all similar but separate grievances with respect to the development plan prepared and published under the Act. In Writ Petition No. 215 of 1966, the petitioner s complaint is as regards his land being earmarked for the public purpose of a park in the Development Plan prepared under the Act. He seeks to prevent the respondents from giving effect to the said designation of lands in Development Plan and in particular, to have the third respondents order i. e. the Executive Engineer (Planning) (of the Municipal Corporation of Bombay) dated 11th August, 1964 to the effect that his lands were needed for the public purpose of a park quashed. In Writ Petition No. 228 of 1966 the prayer is that the designation of the petitioner s land as being earmarked for recreation centre and for green belt in the developm































































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