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2013 Supreme(SC) 591

T.S.THAKUR, M.Y.EQBAL
Mutha Associates – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. Ranjit Kumar, Mr. V.A. Bobde, Senior Advocates, Mr. Sidharth Bhatnagar, Mr. Prasenjit Keswani, Mr. Satyajit Saha, Mrs. V.D. Khanna, Mr. Krishnamurthi Swami, Mr. Aniruddha P. Mayee, Mr. Sanjeev Kumar Choudhary, Ms. Kamna Sagar, Advocates, with them for the Appellants.
Mr. C.U. Singh, Mr. Gurukrishna Prasad, Senior Advocates, Mr. M.L. Patil, Mr. Shivaji M. Jadhav, Mr. Rahul Jain, Mrs. Jayashree Wad, Mr. Ashish Wad, Mrs. Tamali Wad, Ms. Kanika Bhutani, Mr. Aditya Gupte, Mr. Sanjay Kharde, Ms. Asha Gopalan Nair, Mr. S.K. Jain, Mr. Abhishek Singh, Ms. Chandan Ramamurthi, Advocates, with them for the Respondents.

JUDGMENT

T.S. THAKUR, J.

1. These appeals by special leave arise out of a common Judgment and Order dated 9th April, 2001 passed by a Division Bench of the High Court of Judicature at Bombay whereby the High Court has dismissed Writ Petition No.670 of 1996 and upheld a notification dated 13th November, 1987 issued under Section 126 (2) of the MRTP Act read with Section 6 of the Land Acquisition Act and published in the Official Gazette on 3rd December, 1987. The High Court has by the same judgment and order quashed order dated 20th May, 1998 issued under Section 40 of the Land Regulation Act directing withdrawal of the acquisition proceedings, and allowed Writ Petitions No. 3620 and 3874 of 1998. Facts leading to the filing of the writ petitions and the present appeals may be summarised as under:

2. Pune Municipal Corporation which is also the Planning Authority under the MRTP Act published a notification on 13th May, 1976 declaring its intention to revise the development plan for the Pune city and inviting suggestions and objections to the proposed revision. The Draft Revised Development Plan inter alia covered site No.M-145 comprising Survey No.559/2B admeasuring 1 hectare 20 acres
































































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