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2001 Supreme(Bom) 776

B.P.SINGH, RANJANA DESAI
M. A. Panshikar – Appellant
Versus
State of Maharashtra through its Urban Development Department & another – Respondent


Judgment

B.P. SINGH, C.J.:---In this writ petition, the petitioner has prayed for quashing and setting aside three notifications issued by the Urban Development Department of respondent No. 1, the State of Maharashtra, all dated 4th October, 1999. The notifications have been annexed to the writ petition as Exhibit 'Q' (colly.) (hereinafter referred to as “the first, second and third notifications”). By the first notification, the State Government, in exercise of powers conferred by sub-section (1) of section 31 of the Maharashtra Regional and Town Planning Act, 1966 (“MRTP Act”, for short), has sanctioned the draft development plan submitted by respondent No. 2, Thane Municipal Corporation, subject to certain modifications. The State Government, by the impugned notification, has not granted sanction to the entire draft development plan as submitted by respondent No. 2-Corporation, because it was of the view that some modifications in the said plan are necessary, which were of substantial nature, requiring re-publication under section 31 of the MRTP Act. The plan submitted by respondent No. 2-Corporation, excepting the modifications by the Government, which are considered to be of su













































































































































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