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1989 Supreme(Bom) 264

S.M.DAUD
Nagrik Vikas Parishad & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - S.M. DAUD, J.:---This petition under Article 226 of the Constitution of India takes exception to the change of user proposed by the respondents vis-a-vis land bearing C. S. No. 433 to 438 at 12th Lane Kamatipura, Bombay-400 008.

2. The aforesaid land was reserved as a playground in the sanctioned Development Plan of 'E' Ward, Greater Bombay. An Urban Renewal Scheme has been in the pipeline since the year 1976. It required tremendous resources and the scheme was to depend upon financial assistance from the World Bank. For various reasons, not relevant to be mentioned here, assistance from the World Bank was not forthcoming. The Prime Minister's Grant Project was formulated sometime in the year 1986-87. The object of this project was to take over and demolish dilapidated cessed buildings and replace the same with several and expanded structures to be made available to a larger number of residents vis-a-vis those who got dishoused as a result of the take-over and demolition. The land afore-mentioned was made over by Respondent No. 4 (BMC) for being dealt with under the PMG Project. As a whole, the land admeasures about 2, 050 sq.mts. Instead of keeping the entire land or at















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