NDLI: Nagpur Improvement Trust & Ors. Vs. M/s Bombaywala & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Purpose of its enactment Maharashtra Regional Town Planning Act 1966
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Nagpur Improvement Trust Act, 1936 (36 of 1936) Maharashtra Regional and Town Planning Act, 1966 (37 of 1966)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Maharashtra Regional Town Planning Act, 1966 – Purpose of its enactment – Held: To make provisions for planning the development and the use of land in regions established for their purpose and to ensuring that Town Planning Schemes are made in a proper manner and their execution is made effective. Maharashtra Regional Town Planning Act, 1966 – s.59 – Improvement scheme – Abhyankar Road Widening and Buty Mahal Street Scheme was framed under Nagpur Improvement Trust Act in the year 1960 for creating improved means of communications and facilities for traffic – The scheme provided for 15 metre internal road – However, the Development Plans made under the MRTP Act which came into effect on 11.1.1967 did not provide for 15 metre internal road – NIT decided to implement the scheme – State Government allotted reconstituted composite plot to the land owners – Pursuant thereto, the process of widening of Abhyankar Road was initiated and notices were issued for demolition of shops – Writ petitions filed for quashing of the notices – High Court quashed the notices of demolition – High Court also observed that as in the Scheme sanctioned under s.45 of the NIT Act, 15 metre internal road is provided, unless the same is varied and/or modified under s.46 of the NIT Act by the Planning Authority, the same shall have to be implemented – On appeal, held: The Development Plan made under the MRTP Act would take precedence over any Scheme to the contrary – s.59 of the MRTP Act provides for preparation of the Scheme under the MRTP Act, which specifically provides that the Planning Authority may prepare one or more Town Planning Scheme for the area within its jurisdiction or any part thereof for the purpose of implementing the proposals in the Final Development Plan – Conjoint reading of ss.39, 43, 46 and s.59 of the MRTP Act showed that the Development Plans prepared and sanctioned under the provisions of the MRTP Act shall prevail – Therefore, there cannot be any development and/or construction permitted contrary to the Development Plan prepared and sanctioned under the provisions of the MRTP Act, though the Scheme prepared and sanctioned under s.45 of the NIT Act may permit such development and/or construction – In case of a conflict between the MRTP Act and the NIT Act, the MRTP Act will prevail – Nagpur Improvement Trust Act, 1936 – s.45. Maharashtra Regional Town Planning Act, 1966 – s.39 – Modification of scheme deleting 15 metres wide road – Permissibility – Held: s.39 of the MRTP Act mandates the Planning Authority to vary the Scheme in line with the Development Plan sanctioned under the MRTP Act – In the transferred case in question, when the DP was sanctioned, without any proposal for the 15 metres internal road, first in the year 1976 and thereafter in the years 1989 and 2001, the same was after following the due procedure and the same was approved and sanctioned by the State Government – Thereafter, when the Scheme to the extent in conflict with the DP Plan was modified as mandated under s.39 of the MRTP Act, the same cannot be said to be illegal – Therefore, when s.39 MRTP Act and the provisions of the NIT Act are read harmoniously, the impugned Notification modifying the Scheme and/or Board Resolution modifying the Scheme deleting 15 metres wide road, which is in line with the Development Plan sanctioned under the MRTP Act, cannot be said to be illegal – Nagpur Improvement Trust Act, 1936 – s.45.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2019 INSC 69
Petitioner	Nagpur Improvement Trust & Ors.
Respondent	M/s Bombaywala & Ors.
SCR	[2019] 1 S.C.R. 1001
Judgement Date	2019-01-22
Case Number	937

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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