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1999 Supreme(Bom) 975

A.D.MANE, D.K.DESHMUKH, A.B.PALKAR
Union of India Through General Manager, Western Railway – Appellant
Versus
Tata Hydro Electric Power Supply Co. Ltd. and others – Respondent


JUDGMENT - A.D. MANE, J.:---In the draft Development Plan, the land Survey No. 52 i.e. City Survey No. 2000/A, present plot No. 44 was shown reerved for stadium and public garden. The Development Plan of City of Shrirampur was finalized and sanctioned by the State Government on 16-8-1975. Thereafter, it appears that the writ land was again reserved for playground in the draft development plan.

2.This writ petition is filed by the owners in possession of the said land on 7-4-1987 inter alia seeking a Writ of Certiorari or a writ order or direction in the nature of Certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to treat the petitioner's land as released from the reservation in the Development Plan and further sanction the development permission asked for by the petitioners along with the letter dated 25-7-1986 at Exhibit D and to restrain the respondents by themselves, their agents or servants by an order of injunction from taking any steps in furtherance of the Development Plan so far as it relates to the land of the petitioners.

3.On behalf of the respondent No. 2 the Municipal Council, Shriramp









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