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2023 Supreme(Bom) 1475

DEVENDRA KUMAR UPADHYAYA, ARIF S. DOCTOR
Vijay Nanikram Bhatia – Appellant
Versus
State of Maharashtra, Through Department of Urban Development – Respondent


Advocates Appeared:
For the Petitioners: Mr. Devdatt Prabhakar Palodkar, Ms. Minal Chandnani.
For the Respondents: Mr. P. P. Kakade, GP with Mr. B.V. Samant, Mr. Suresh Kamble, Mr. Saket Mone a/w Shrey Shah i/by Vidhi Partners, Mr. Huda Diamondwala i/by Diamondwala & Company.

JUDGMENT :

(Devendra Kumar Upadhyaya, J.) :

1. Heard learned counsel for the respective parties and perused the records available before us on these two Public Interest Litigation Petitions (hereinafter referred to as the PIL Petitions).

2. Since, common questions of law and facts are involved in both these PIL Petitions, they are being disposed of by this common judgment which follows.

3. Under challenge in these PIL Petitions is the Notification dated 21st April 2017 issued by the Government of Maharashtra in the Urban Development Department under Section 31 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the MRTP Act), whereby sanction by the State Government has been accorded to the draft revised Development Plan of the city of Ulhasnagar with the Schedule of modifications as per the Schedule-I appended to the Notification with certain notes. In PIL Petition No.37 of 2018, the Corrigendum issued by the Urban Development Department, Government of Maharashtra dated 23rd June 2017 has also been challenged. The said Corrigendum dated 23rd June 2017 has been issued on observation of certain errors, which, according to the State, have been corrected.

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