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1999 Supreme(Bom) 828

B.H.MARLAPALLE, A.S.BAGGA
Mohammed bhai s/o Miyabhai and others – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---Writ Petition No. 905/86: The petitioner No. 1 claims to be the owner of lands located in Survey Nos. 16, 17 and 91 of village Mukundwadi, taluka and District Aurangabad. The Government of Maharashtra issued notifications on 30th October, 1972, 3rd February, 1973 and 4th May, 1973 under section 40(1)(b) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the M.R.T.P. Act for short) and constituted and appointed City and Industrial Development Corporation of Maharashtra as a Special Planning Authority for the development of Aurangabad Notified Area specified in the schedule which included the land of the petitioner. On 24-5-1973 the Special Planning Authority issued a Notification under section 126 and reserved, allotted and designated the area including the lands of the petitioner and prepared a Development Plan. On 16th October, 1975 the Planning Authority modified the Development Plan of 1973 and published a final notification under section 126(2) of the .M.R.T.P. Act and in the schedule thereof lands in Survey No. 16 admeasuring 8 H and 17 R, Survey No. 17 (P.T) admeasuring 8 H and 29 R and Survey No. 91 admeasuri








































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