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2019 Supreme(Bom) 1448

AKIL KURESHI, S.J.KATHAWALLA
Bombay Salesian Society, Mumbai – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Virendra Tulzapurkar, Adv., Suneet Moholkar, Adv., Shruti Vyas, Adv., Murlidhar L. Patil, Adv., Nitesh Bhutekar, Adv.

JUDGMENT :

S.J. Kathawalla, J.

The Petitioner - Bombay Salesian Society is a public trust formed and registered under the Bombay Public Trusts Act, 1950 vide Registration No.F903(Bom) dated 20th October, 1961. The Petitioner is carrying out educational and other charitable activities. Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Nashik Municipal Corporation constituted under the Maharashtra Municipal Corporation Act, 1949, and is designated as the 'Planning Authority' under section 2(19) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). Respondent No.3 is the Municipal Commissioner of Nashik Municipal Corporation. Respondent No.4 - Maharashtra State Road Transport Corporation (MSRTC) is incorporated under Section 3 of the Road Transport Corporation Act, 1950, and is designated as the 'Acquiring Authority' under the provisions of the MRTP Act.

2. By the above Writ Petition, the Petitioner has sought the following reliefs :

    "(a) That the Hon'ble Court be pleased to issue writ of mandamus directing the Respondent No.1 to notify in the official gazette within one month that the reservation for bus terminus made on the Petitioner's plot admeasuring a

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