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2017 Supreme(Bom) 1684

R.D.DHANUKA, SUNIL K.KOTWAL
City & Industrial Development Corporation – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioner:A.S. Bajaj, Advocate
For the Respondents:A.R. Borulkar, Assistant Government Pleader, M.D. Shinde, S.D. Kulkarni, S.V. Kshirsagar, M.A. Deshpande, Advocates

JUDGMENT :

R.D. Dhanuka, J.

1. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting aside the impugned order dated 23rd June, 2004 passed by the learned Minister for Revenue, Government of Maharashtra, in File No. LAQ 3940/2001/1582/Case No.181/A1 and a notification dated 20th July, 2004 issued by the Divisional Commissioner Aurangabad dropping the land acquisition proceedings to the extent of Gat No.124/1 of village Satara, Taluka and District Aurangabad. Some of the relevant facts for the purpose of deciding this petition are as under:

2. The petitioner is appointed as New Town's Development Authority under section 113A of the Maharashtra Regional & Town Planning Act (for short, “the said M.R.T.P. Act”). Vide three notifications dated 30-10-1972, 3-2-1973 and 4-5-1973, the State Government appointed the petitioner as special planning authority for development of the notified area of new Aurangabad. The land bearing Gat No.124/1 of village Satara, which is subject matter of this petition, falls within the notified area under the said three notifications as per provision of section 40(1)(4) o























































































































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