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1998 Supreme(Bom) 147

V.P.TIPNIS, N.ARUMUGHAM
Anthony John Pereira – Appellant
Versus
Minister for Urban Development, Government of Maharashtra and others – Respondent


JUDGMENT - V.P. TIPNIS, J.:---By way of this writ petition, the Assessment Order Nos. 139 and 613 dated 14-6-1995 and 6-8-1996, as also the order of the Hon'ble Minister for Urban Development passed in the appeal on 3-1-1997, are impugned.

2.The respondent-CIDCO is a Development Authority for the purposes of the Maharashtra Regional and Town Planning Act, 1966, (for short, the M.R. T.P. Act) in respect of an area under its jurisdiction. On 8-7-1991, the petitioner applied to the CIDCO for development permission in respect of Survey Nos. 259 to 267, 269 to 271, 273, and 276 to 279 under section 44 of the M.R.T.P. Act, 1966. By letter dated 30-8-1991, the C.I.D.C.O. informed the petitioner that the development permission, as requested, is refused under section 41(i) and (iii) of the M.R.T.P. Act. The reasons given were that: (1) the Development Plan for the area under reference was not ready, (2) the existing infrastructural facilities are inadequate and (3) water supply scheme has not been submitted by the applicant. It was also mentioned in the last para that the applicant's case be processed further only after compliance of the above.

3.By letter dated 12-7-1992 addressed to the
















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