Back
DIPANKAR DATTA, G.S.KULKARNI
Nishant Karsan Bhagat – Appellant
Versus
City and Industrial Development Corporation of Maharashtra Ltd. – Respondent
What are the questions for determination regarding CIDCO vs NMMC powers and reservations in Navi Mumbai? What is the legality of State Government directions under Section 154 of MRTP Act affecting CIDCO and NMMC interplay? What is the validity of CIDCO auctions in light of pending Draft Development Plan and alleged reservations by NMMC?
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
JUDGEMENT :
G. S. Kulkarni, J.
| A | Prelude | 1-3 |
| B | Factual Matrix | 4-30 |
| C | Prayers in PIL No.22 of 2022 & PIL No.37 of 2022 | 31 |
| D | Respondent’s Pleadings: | 32-49 |
| E | Submissions on behalf of the Petitioners | 50 |
| F | Submissions on behalf of Respondents | 51-54 |
| G | Questions for Determination | 55 |
| H | Relevant Provisions of the MRTP Act | 56 |
| I | Analysis and Conclusion | 57-94 |
A) Prelude
1. These are two public interest petitions, which raise common issues of fact and law. The petitioners in both these proceedings claiming to be public spirited citizens, are before the Court, raising issues in regard to the proposed reservation of certain plots lands, by respondent No.2 - Navi Mumbai Municipal Corporation (for short “NMMC”), for public purpose, in a proposed Draft Development Plan, to be notified by the NMMC under the provisions of the MAHARASHTRA REGIONAL AND TOWN PLANNING ACT , 1966 (for short “the MRTP Act”). These plots of land are vested with respondent No.1- City and Industrial Development Corporation of Maharashtra (for short “CIDCO
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
