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1994 Supreme(Bom) 496

M.L.PENDSE, S.M.JHUNJHUNUWALA
Shashikant Sadashiv Bagwe – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - M.L. PENDSE, J. :---All these four petitions filed under Article 226 of the Constitution of India can be conveniently disposed of by common judgment as the issues raised in these petitions are identical and inter-related. The facts to be set out hereinafter would bring into focus the contentions urged in support of the reliefs sought in the petitions.

2. Shashikant Sadashiv Bagwe, petitioner in Writ Petition No. 1919 of 1987 along with his brothers is owner of property bearing Survey No. 173/C, City Survey Nos. 3627 to 3631 known as "Bagwe Mansion" which is situated on Mahatma Gandhi Road, Ghatkopar (West), Bombay. The Municipal Corporation of Greater Bombay decided to widen the road to meet the growing traffic in this busy locality. On March 8, 1966, the Government of Maharashtra sanctioned Development Plan for "N" Ward in which the property in dispute is situated. The plan came into force with effect from April 9, 1966 and it is not in dispute that the property is designated or reserved in the Plan for the purpose of road widening. The Municipal Corporation passed Resolution on October 8, 1973 providing that the road should be widened to make it 60 road.

3. The Special L

























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