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2008 Supreme(SC) 546

ARIJIT PASAYAT, S.H.KAPADIA
Poona Timber Merchants & Saw Mill Owners Association – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. In all these cases certain provisions of the Maharashtra Regional and Town Planning Act, 1966 (in short the `Act) call for determination. Basically the scope and ambit of Section 127 of the Act is the pivotal provision. Three writ petitions were disposed of by the common judgment. Writ petition no.7846 of 2004 was filed by M/s C.V. Shah and A.V. Bhat. Writ petition no.9644 of 2004 was filed by Tajuddin Mohhammad bhai while writ petition no.5077 of 2004 was filed by Poona Timber Merchants and Saw Mill Owners Association. By the common judgment the High Court partly allowed the writ petition nos. 7846 and 9644 of 2004 while writ petition no.5077 of 2004 was dismissed. The High Court while granting partly relief in the writ petitions held as follows:

"(i) Writ Petition Nos. 7846 of 2004 and 9644 of 2004 are partly allowed.

(ii) The designation of the subject land being survey no.577, Hissa No.1, Survey No.577, Hissa No.2, Survey No.577, Hissa No.3 and Survey No.578, Hissa No.1 (part) in revised Development Plan of Pune City notified no. 5.1.1987 for `Timber Industries is declared to have lapsed under Section 127 of the MRTP Act, 1966.










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