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1997 Supreme(Bom) 372

A.P.SHAH, B.B.VAGYANI
Hansa Dattatraya Moodaliar and others – Appellant
Versus
Pune Municipal Corporation and others – Respondent


JUDGMENT - A.P. SHAH, J.:---By this petition under Articles 226/227 of the Constitution the petitioners seek to challenge the order dated 13th March, 1984 passed by the Municipal Commissioner of Pune Municipal Corporation and the Planning Authority (hereinafter referred to as the "Planning Authority") under section 51 of the Maharashtra Regional and Town Planning Act, 1966 ("Act" for short) whereby the Planning Authority has revoked the permission granted to the petitioners for building construction vide commencement certificate No. 85 dated 30th April, 1982.

2. The facts and circumstances giving rise to the present petition are as under:

The petitioner Nos. 1 to 3 are the owners of the property bearing City Survey No. 590, situate at Rasta Peth, Pune and the petitioner Nos. 4 and 5 are the persons with whom the petitioner Nos. 1 to 3 have entered into agreement for development of the property under the agreement dated 23rd January, 1982. The development plan for Pune was approved on 16th August, 1966 by the State of Maharashtra which has been operative during the material time. Under section 458 of the Bombay Provincial Municipal Corporation Act, 1949 the building rules and bye-



























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