Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (23 of 1973) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 - ss. 17, 18, 19 and 23(A) - Publication of draft development plan which included some portion of appellant's land - Appellant filed objections - Resolution passed by the Committee in favour of the appellant - However, State Government included certain lands belonging to the appellant in the modified development plan - Review petition filed by the appellant u/s. 23(A) before the State Government rejected - Writ petition as also writ appeal dismissed - On appeal, held: Resolutions passed by. the Committee cannot be said to be absolute, final and binding - State Government possesses the final authority in the matter of giving approval to the development plan - On facts, development plan was approved by the State Government without any modification and therefore, there was no question of inviting any further suggestions or giving any hearing to the appellant - There was no violation of the principles of natural justice - State Government issued a final plan and also invited objections from the persons who are likely to be affected by inclusion of their land to which the appellant did not submit any objection, therefore, the question of giving a hearing to the appellant at that stage ·did not arise - High Court was justified in holding that there could be no review to the order passed since no power of review is provided for under the provisions of the Act - Also, ss. 23 and 23A providing for review and modifications of the development plan or adjoining plan not applicable in the instant case since State Government has not made any modification in the development plan - Thus, order passed by the High Court does not suffer from any infirmity. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2011 INSC 429 |
Petitioner | Binabai Bhate |
Respondent | State Of Madhya Pradesh And Ors. |
SCR | [2011] 7 S.C.R. 31 |
Judgement Date | 2011-07-04 |
Case Number | 4920 |
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