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2004 Supreme(Bom) 150

H.L.GOKHALE, F.I.REBELLO
Subhadrabai Dattatray Gaykar – Appellant
Versus
Assistant Director of Town Planning & others – Respondent


JUDGMENT - GOKHALE H.L., J.:—This writ petition under Article 226 of the Constitution of India seeks to challenge the notice dated 26th February, 1997 issued by respondent No. 1, who is Assistant Director of Town Planning, Kalyan Municipal Corporation. The notice is issued under section 51 of the Maharashtra Regional and Town Planning Act, 1966 ("MRTP Act" for short). The notice informs the petitioner that she had applied for development of the concerned parcel of land on 24th July, 1992. That time she had not furnished necessary papers of ownership concerning the property. The notice alleges that she has not produced the correct papers and obtained the permission to construct as per the earlier order of the respondent No. 1 dated 24th August, 1992. That permission was being cancelled under section 51(1) of the MRTP Act. The notice calls upon the petitioner to remove the construction, failing which the Municipal Corporation will remove it. A question is raised in this petition with respect to the powers which are available to respondent No. 1 under the said section and whether the impugned action was called for and justified. The petition was admitted on 5th August, 1997 and interi

















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