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1996 Supreme(Bom) 631

A.A.DESAI, B.U.WAHANE
Harijan Layout Sudhar Samiti & others – Appellant
Versus
State of Maharashtra & others – Respondent


Judgment

WAHANE B.U., J.:—This writ petition is an apt example as to how the statutory object secure preservation of Environment and Development of the residential colonies shown in the Master Plan, sought to be achieved by the State of Maharashtra under the Nagpur Improvement Trust Act, 1936. The Maharashtra Regional and Town Planning Act, 1966, and the City of Nagpur Corporation Act, 1948, is defeated by the Authorities who lack of dynamism, aestheticism and enthusiasm for development and alienate the land/open space meant for Public utility.

2. By this petition under Article 226 of the Constitution of India, the petitioners 1 and 3 being Societies and petitioner No. 2 a Corporator, thus, the public spirited citizens, have questioned the legality, propriety and justifiability of the impugned Resolution dated 13th June, 1980, (Annexure V, at page No. 58) and the impugned order of allotment dated 21st May, 1985 (Annexure XXIII, at page 116).

3. The Petitioner specified in para 2 of the Petition that the instant petition is in the interests of the citizens of Nagpur in general and residents of Jaripatka, Mecosabagh Sindhi Colony and Nazul Layout and Harijan Colony etc. in particular a
























































































































































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