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1996 Supreme(Bom) 329

A.P.SHAH
Bandra Cecelia Co-operative Housing Society Ltd. . and another – Appellant
Versus
State of Maharashtra, through Secretary, Ministry of Urban Development and others – Respondent


A.P. Shah, J.

Bandra Cecelia Co-operative Housing Society Ltd. another .... Petitioners.

Versus

The State of Maharashtra, through Secretary, Ministry

of Urban Development and others .... Respondents.

Writ Petition No. 705 of 1996, decided on 25-6-1996.

Advocates appeared :

Virendra Tulzapurkar with S.C. Dharmadhikari i/b K.V. Saste, forpetitioners.

Ms. Geeta Shastri, for respondent Nos. 1 and 2.

Ms. A.K. Savla, for respondent No. 3.

JUDGMENT - A.P. SHAH, J.:---The challenge in this writ petition is to the notification dated 7th May, 1992 issued by the State Government under section 31(1) of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) in so far as it changes the reservation of plot bearing City Survey No. F-951 I No. 53 of T.P. Scheme IV, IIIrd Road, Bombay from "Municipal Dispensary and Nurses' Quarters" to "Recreation Ground". The petitioners have also challenged the order dated 28th December, 1994 rejecting the petitioners' application under section 24(1) of the Urban Land Ceiling and Regulation Act, 1976 (ULC Act) for allotment of the said land to the petitioner No. 1 society for constructing houses for its members. Petitioner No. 1 is a proposed co-operativ










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