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A. P. THAKER
KALPANABEN PANKAJBHAI SHAH – Appellant
Versus
BHAVNAGAR AREA DEVELOPMENT AUTHORITY – Respondent
JUDGMENT :
A.P. THAKER, J.
1. The petitioner has preferred this petition under Article 226 of the Constitution of India for the following reliefs:
(B) Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to direct the respondent Municipal Corporation to permit the petitioner to construct bungalow and to grant the permission in accordance with prevailing Development Regulations, without considering any deduction of reservation and discharge the petitioner from undertaking given.
(C) YOUR LORDSHIPS may grant ad-interim relief in terms of
The main legal point established in the judgment is that under Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976, if the land is not acquired within the specified period, the....
The court established that a land reservation does not lapse automatically after ten years without a notice from the landowner, and revised plans do not invalidate existing reservations.
The main legal point established in the judgment is that under Section 127 of the Maharashtra Regional Town Planning Act, 1966, if no steps for the acquisition of land reserved for public purposes ar....
The main legal point established in the judgment is that objections to the reservation of land under a development plan must be pursued through the appropriate legal recourse, and delay in approachin....
The main legal point established in the judgment is that the reservation of land under the Maharashtra Regional Town Planning Act can lapse if the acquiring authority fails to take steps for acquisit....
The main legal point established in the judgment is the interpretation of Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and its application to the issuance of a purchase notice....
The court emphasized that the petitioner should approach the appropriate authority if an adverse order is passed by the Government, as the matter is pending with the Government.
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