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2010 Supreme(Bom) 1619

B.P.DHARMADHIKARI, PRASANNA B.VARALE
Atmaram – Appellant
Versus
Nagpur Municipal Corporation – Respondent


Advocates Appeared:
For the Applicants:M.G. Bhangde, Senior Advocate with Shri R.M. Bhangde,
Advocate.
For the Respondents:C.S. Kaptan, Advocate.

Judgment

B.P. Dharmadhikari, J

1. This challenge to identical notices issued under Section 56 of Maharashtra Regional and Town Planning Act,1966 (hereinafter referred to as “MRTP Act” for short), needs to be viewed in the background of earlier order dated 31/3/2010 passed by us in Writ Petition Nos. 1403,1408, 1415 and 1521 of 2010. Challenge therein was also to these notices only. Nagpur Municipal Corporation is the planning authority which has issued those notices to widen Bhandara road from 9 meters to 18 meters as prescribed in Development plan. Said notices are of different dates like 13/1/2010, 22/1/2010, 3/3/2010 and 10/3/2010. Prayers in Writ Petitions are to declare that provisions of Section 56 are not applicable when land of citizen is reserved for public purpose in Development Plan and is required for by planning authority to achieve said purpose, to hold that judgment of this Court in Kishor N. Lulla Vs.State of Maharashtra and Ors. 2008 (8) LJSOFT 155= 2008(4) Bom.C.R. 478, is per incurium, to declare said notices discriminatory and arbitrary as contrary to planning authorities own statements recorded by this Court in 2006 while considering issue of Kradack Road wide






































































































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