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2017 Supreme(SC) 113

MADAN B.LOKUR, PRAFULLA C.PANT
PUKHRAJMAL SAGARMAL LUNKAD (D) THROUGH HIS L. RS. – Appellant
Versus
MUNICIPAL COUNCIL, JALGAON – Respondent


Advocates Appeared:
For the Appellants : Dr. Kailash Chand, Adv.
For the Respondents: Shivaji M. Jadhav, Adv.

JUDGMENT

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 23.12.2004, passed by the High Court of Judicature of Bombay, Bench at Aurangabad, whereby said Court has dismissed the Writ Petition No. 1924 of 1992. And for the reasons given in the said order, the other two Writ Petition Nos. 1925 of 1992 and 1228 of 2001 were also dismissed.

2. In the above Writ Petitions (Nos. 1924 of 1992 and 1925 of 1992), Town Planning Scheme in respect of survey No. 431/A (new plot No. 287) and survey No. 431/B (new plot No. 288) situated at Mehrun area within the limits of Municipal Council Jalgaon, was sought to be quashed.

3. Brief facts of the case are that appellants were admittedly owners of survey No. 431/A-1, A-2 and A-3 and survey No. 431/B. On 15.12.1971, Jalgaon Municipal Council which is a Planning Authority under the Maharashtra Regional and Town Planning Act, 1966 (for short "MRTP Act"), published Draft Development Plan in respect of certain lands including the aforementioned plots owned by the appellants and reserved the same for public purpose, renumbering them as plot No. 288 in reservation site No. 107 (for garden) and plot No. 287 reserved in site Nos. 10




















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