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2023 Supreme(SC) 987

S. V. N. BHATTI, B. R. GAVAI
Shirdi Nagar Panchayat – Appellant
Versus
Kishor Sharad Borawake – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sanjay Kharde, Adv. Mr. Satyajeet Kharde, Adv. Mr. Sunil Kumar Verma, AOR
For the Respondent(s): Mr. Hitendra Nath Rath, AOR M/S. S-legal Associates, AOR Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Shashibhushan P. Adgaonkar, AOR Mr. Omkar Jayant Deshpande, Adv. Mrs. Pradnya Shashibhushan Adgaonkar, Adv. Mr. Rana Sandeep Bussa, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present set of appeals challenge the common judgment and order passed by the Division Bench of the High Court of Bombay at Aurangabad, dated 4th July 2019, thereby partly allowing the petition filed by the respondents/landowners challenging the notification dated 18th August 2004, whereby respondents’/landowners’ land was converted to ‘residential/commercial zone’ from ‘no development/green zone’ subject to appellant’s receiving 10% as ‘amenity space’ and 10% as ‘open space’ of the total land area.

3. The appellant in both appeals is Shirdi Nagar Panchayat (hereinafter referred to as “the Municipal Council”). Respondent Nos. 1 and 2 in the appeal arising out of SLP (C) No. 19401 of 2019 are the original landowners (hereinafter referred to as “the landowners”) and respondents in the appeal arising out of SLP (C) No. 19730 of 2019 are the plot holders/subsequent purchasers (hereinafter referred to as “the plot holders”).

4. The facts, shorn of unnecessary details, giving rise to the present appeals are as under:

    4.1 On 15th December 1992, a Development Plan for the Municipal Council was approved. Therein the disputed property admeasuring


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