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2023 Supreme(Bom) 220

MANGESH S. PATIL, S. G. CHAPALGAONKAR
Syyed Haji Hammid Takiya Trust – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
Counsel for Appearing Parties
Pradnya Talekar, Advocate, A.S. Shinde, Advocate, V.S. Bedre, Advocate

JUDGMENT

Mangesh S. Patil, J. - Heard both sides. Rule in both the petitions, made returnable forthwith. Learned AGP waives service for the respondent - State and learned Advocate Mr. Bedre waives service for the respondent - Corporation. At the joint request of the parties, the petitions are heard finally.

2. These petitions have been filed by the same trust for different reliefs on the same set of facts.

3. In writ petition no. 9934 of 2016, the petitioner trust claiming to be the owner of the final plot nos. 193 and 195 in the development plan of the respondent - municipal corporation is seeking variation and modification of the town planning scheme sanctioned on 04-01-1985 in respect of those two plots by following procedure under section 39 read with section 92 of the Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act'), pursuant to the order passed by the learned Minister of the State Urban Development Department dated 27-09-1988 in writ petition no. 9934 of 2016.

4. In writ petition no. 7986 of 2017, the petitioner trust is seeking a declaration regarding lapsing of the reservation on the same two final plot nos. 193 and 195 under the provisions of section 127 of the MR

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