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2018 Supreme(Bom) 1993

S.V.GANGAPURWALA, S.M.GAVHANE
Mariyam Begum Abdul Jalil Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. R.R. Mantri, Mr. ZiaUl Mustafa.
For the Respondents: Mr. P.S. Patil, Mr. J.R. Shah, Mr. D.S. Bharuka.

JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the parties the writ petition is taken up for final hearing.

2. By this petition under Article 226 of the Constitution of India the petitioners seek declarations as per prayers in Clause "B" to "E" that their properties mentioned in Para No. 1 of the petition (which are referred in detail later on) as de-reserved, that the reservation of garden in development plan has been lapsed as against the petitioners regarding their properties, that their properties are free properties and can be developed by them in accordance with law and respondents cannot claim any reservation thereon, and that the orders of the respondents making the houses of the petitioners reserved for the purposes of garden be declared as null and void and illegal and further claimed to cancel the same in terms of Section 127 of the Maharashtra Regional Town Planning Act, 1966 (hereinafter referred to as "the MRTP Act").

3. The City Survey Nos. [P.R. Card Nos. 6671/1, 6671/2, 6671/3, 6671/4, 6671/5 & 6, 6671/5 & 6, 6671/6, 6671/7, 6671/8, 6671/10, 6671/18, 6671/19, 6671/20, 6671/20, 6671/20, 6671/20, 6671/23, 6671/23 & 24, 6671/24 and 6671/24 with h







































































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