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2018 Supreme(Bom) 1886

A.S.OKA, RIYAZ I.CHAGLA
Apurva Natvar Parikh & Co. Private Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pravin Samdani, Senior Advocate with Mr. Raghav Gupta, Ms. Bindi Dave and Mr. Kashish Mainkar i/b. Wadia Gandhy & Co.
For the Respondents:Mr. A.Y. Sakhare, Senior Advocate with Mr. Rohan Mirpury, Mr. Dushyant Kumar and Ms. Shital Mane, Mr. A.A. Kumbhakoni, Advocate General with Mr. S.B. Kolage, Panel-A Advocate, Mr. Akshay Shinde, Panel-B Advocate and Mr. Amit Shastri, AGP, Ms. Kiran Bagalia.

JUDGMENT :

A.S. OKA, J.

OVERVIEW

The issue involved in these petitions is concerning the interpretation and implementation of the decision of the Apex Court in the case of Godrej & Boyce Manufacturing Co.Ltd. v. State of Maharashtra and others, 2009 (5) SCC 24. The said decision of the Apex Court dealt with Regulation 34 read with paragraph-6 of Appendix-VII to the Development Control Regulations for Greater Bombay, 1991 (for short “the DCR”). In case of some of the petitioners, they were holding plots of land shown reserved in the sanctioned development plan under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (for short “MRTP Act”) which were reserved Development Plan Road (for short “DP Road”) and other purposes. The petitioners constructed DP Roads at their own cost and voluntarily surrendered the reserved lands to the Municipal Corporation of Greater Mumbai (for short “the said Corporation”). In view of surrender of the reserved lands, in terms of clause (b) of sub-section (1) of section 126 of the MRTP Act read with Regulations 33 and 34 as well as





































































































































































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