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2010 Supreme(Bom) 992

B.P.DHARMADHIKARI
Om prakash Sawalram Agrawal – Appellant
Versus
The Nagpur Municipal Corporation – Respondent


Advocates Appeared:
Mr. MASOOD SHAREEF, Advocate for the Petitioners.
Mr. S. M. PURANIK, Advocate for Respondents.

JUDGMENT:- All petitioners before this Court occupy as tenants the shops in a Supermarket situated in busy crowded market area known as Sitabuldi in Nagpur. The supermarket is owned by Respondents i.e. Nagpur Municipal Corporation (NMC) is a local authority constituted for municipal administration of Nagpur City under the provisions of City of Nagpur Corporation Act, ] 948 (hereinafter referred to as "the NMC Act" For short). It is also a planing authority for Nagpur under Maharashtra Regional and Town Planing Act, 1961. The NMC wants to replace the said supermarket by a modem shopping mall with a view to remove traffic problems or parking difficulties. Its Standing Committee has resolved accordingly NMC then issued show cause notices under Section 76-B(2) of the NMC Act to the petitioners who filed their replies to it. Respondent no.2 heard them and rejected their objections on 16/3/2007. Rejection was communicated to petitioners by the market superintendent of the NMC on 20/3/2007. They then tiled appeal as provided for under Section 76-F of NMC Act before the District Judge and DJ-3 dismissed their appeals by common order dated 3/10/2007. All these writ petitions question this o










































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