Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966 59 Maharashtra Regional and Town Planning Act 91 69 and 125-129 ss.88 65 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Maharashtra Regional and Town Planning Act, 1966 (37 of 1966) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Regional and Town Planning Act, 1966– ss.88,91, 59, 65, 69 and 125-129–‘DKR’ and ‘ID’ were recorded in therevenue records as owners of Plot No.473 in 1959 – Plot divided in1970–Plot No.473-B1 was owned by ‘KN’, Plot No.473-B2 by ‘PM’,and Plot No.473-B3 by ‘DKR’and ‘ID’, Plot No. 473-B4, a vacantplot of land was shown as an Internal Private Road measuring444.14 Sq. mtr. in the possession of ‘DKR’,‘ID’, ‘KN’ and ‘PM’–Development Scheme proposed under the 1966 Act including FinalPlot No.473 – Arbitrator appointed, directed the area and ownershipof the plots to be as per entries in the property register–In 1979, theTown Planning Scheme was sanctioned and came into effect– In ‘B’Form, Final Plot No.473 was shown to have been divided into fiveparts with road measuring 444.14 Sq. mtr. to be owned by PuneMunicipal Corporation (PMC) – ‘ID’executed a registered trustdeed constituting the appellant-trust and transferring Plot no.473-B3 and the internal road to them – Appellant requested the StateGovt. to correct the wrong entry in the name of PMC–Eventually,Urban Development Department,Govt.of Maharashtra rejected theproposal for modification of the scheme u/s.91inter alia finding thatPMC was the owner of the land –Appellants filed writ petition –Dismissed –On appeal, held: High Court failed to apply its mind tothe records of PMC w.r.t property holders,the Arbitrator’s Awardwhich had assumed finality– Admittedly, the private road in questiondid not belong to PMC, was never acquired and the name of PMCwas wronglyrecorded – In the light of admissions, respondents hada public duty u/s.91 to appropriately modify the scheme and to showthe private road as property of its legitimate owners–High Courterred in law in dismissing the Writ Petition with the observation thatthe land in question had vested u/s.88 in PMC – s.88 cannot beread in isolation – It has to be r/w ss.125-129 relating to compulsoryacquisition as also ss.59, 69 and 65–Appellant cannot be deprivedof the land being the private road without authority of law inviolation of Art.300 - A prohibiting deprivation of person fromproperty without authority of law – Impugned judgment set aside –Constitution of India – Arts.300-A, 142, 226.Maharashtra Regional and Town Planning Act, 1966– ss.3,4,8, 21, 22, 51, 59-65, 68, 71-74, 91; Chapter VII- ss.125-129 –Scheme of the Act – Discussed.Maharashtra Regional and Town Planning Act, 1966– s.91 –Held: Condition precedent for variation of a scheme u/s.91 is anerror, irregularity or informality.Constitution of India – Art.226 –Jurisdiction under – Duty ofHigh Courts– Discussed. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2020 INSC 482 |
Petitioner | Hari Krishna Mandir Trust |
Respondent | State Of Maharashtra And Others |
SCR | [2020] 13 S.C.R. 318 |
Judgement Date | 2020-08-07 |
Case Number | 6156 |
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