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2020 Supreme(SC) 310

MOHAN M.SHANTANAGOUDAR, R.SUBHASH REDDY
Mayor Municipal Corporation – Appellant
Versus
Govind Bajirao Navpute – Respondent


Advocates Appeared:
For the Petitioner(s):M/S. S.M. Jadhav And Company, A. Radhakrishnan, Aniruddha P. Mayee, Advocates
For the Respondent(s):Amol B. Karande, D. Mahesh Babu, M/S. S-legal Associates, Shashibhushan P. Adgaonkar, Christi Jain, Radhika Gautam, Nishant Ramakantrao Katneshwarkar, Aniruddha P. Mayee, Advocates

JUDGMENT

R. SUBHASH REDDY, J.

1. Leave granted.

2. These civil appeals are filed, aggrieved by the judgment dated 5.8.2016 passed in Writ Petition No. 1981 of 2016, by the High Court of Judicature at Bombay, bench at Aurangabad. By the aforesaid impugned judgment, the High Court has allowed the Writ Petition and quashed the Notification dated 4.2.2016, by which draft development plan under Section 26(1) of the Maharashtra Regional and Town Planning Act, 1966 (hereafter “the MRTP Act”) was published. Further, the High Court has set aside the order dated 29.03.2016 passed by the Director of Town Planning, granting extension of time for submitting draft development plan to Government. Further, it is held that the Planning Authority has failed to perform the duty imposed upon it within the time frame as per the MRTP Act, as such the remaining work relating to draft development plan shall be completed by the concerned Divisional Joint Director or the Deputy Director of the Town Planning and Valuation Department.

3. Before its conversion to Municipal Corporation, there existed a Municipal Council for Aurangabad city and final development plan for Aurangabad Municipal Corporation area was pub


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