PRAFULLA C.DAVE Vs. MUNICIPAL COMMISSIONER
LAWS(SC)-2014-12-8
SUPREME COURT OF INDIA
Decided on
December 03,2014
Prafulla C.Dave
Appellant
VERSUS
MUNICIPAL COMMISSIONER
Respondents
Referred Judgements :-
VS. DR. HAKIMWADI TENANTS' ASSOCIATION AND ORS. [REFERRED TO]BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
Cited Judgements :-
PATHARDI MUNICIPAL COUNCIL VS. RAMESH RAMNATH MANTRI DIED LRS LATA RAMESH MANTRI [LAWS(BOM)-2021-11-288] [REFERRED TO]HIRABAI AND ORS. VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2016-1-83] [REFERRED TO]
MOHANDAS VS. STATE OF MAHARASHTRA [LAWS(SC)-2020-1-86] [REFERRED TO]
RABIYA RAJU BAGWAN VS. SAWANTWADI MUNICIPAL COUNCIL AND TOWN PLANNING AUTHORITY [LAWS(BOM)-2017-4-233] [REFERRED TO]
GANGUBAI MARUTI JADHAV(SINCE DECEASED) THROUGH HER LEGAL HEIRS AND L.RS. VS. DATTATRAYA TUKARAM PHARANE(SINCE DECEASED) THROUGH HIS LEGAL HEIRS AND L.RS. [LAWS(BOM)-2017-3-23] [REFERRED TO]
BOMBAY SALESIAN SOCIETY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-10-42] [REFERRED TO]
SUMANBAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-8-141] [REFERRED TO]
MADANLAL ZUMBERLAL NAHAR VS. THE CHIEF OFFICER MUNICIPAL COUNCIL, BEED [LAWS(BOM)-2023-3-24] [REFERRED TO]
SANTU SUKHDEO JAIBHAVE VS. NASHIK MUNICIPAL CORPORATION [LAWS(BOM)-2022-11-39] [REFERRED TO]
MOHANDAS AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-3-171] [REFERRED TO]
MADANLAL ZUMBERLAL NAHAR VS. CHIEF OFFICER [LAWS(BOM)-2022-9-125] [REFERRED TO]
VINOD RAMNARAYAN AGRAWAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-4-89] [REFERRED TO]
ANIL VS. DISTRICT COLLECTOR, YAVATMAL [LAWS(BOM)-2023-9-11] [REFERRED TO]
JUDGEMENT
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(1.)The question arising for determination in the present appeal has been succinctly formulated by the High Court in the following terms:
"Whether, the plan first prepared and notified under Section 21 of the Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act') is the final development plan and the plan prepared under Section 38 is only a revision of the final development plan proposed under Section 21 of the MRTP Act and as such, the notice contemplated under Section 127(2) of the MRTP Act and the period prescribed is from the publication of the development plan first notified under Section 21 and not the revised development plan under Section 38 -
(2.)To answer the aforesaid question, a brief conspectus of the statutory framework under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the 'MRTP Act') will be necessary.
(3.)The preamble to the Act suggests that the MRTP Act was enacted, inter alia, ".......to make better provisions for the preparation of development plans with a view to ensuring that town planning schemes are made in a proper manner and their executions is made effective..........." .
"Whether, the plan first prepared and notified under Section 21 of the Maharashtra Regional and Town Planning Act, 1966 ('MRTP Act') is the final development plan and the plan prepared under Section 38 is only a revision of the final development plan proposed under Section 21 of the MRTP Act and as such, the notice contemplated under Section 127(2) of the MRTP Act and the period prescribed is from the publication of the development plan first notified under Section 21 and not the revised development plan under Section 38 -
(2.)To answer the aforesaid question, a brief conspectus of the statutory framework under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the 'MRTP Act') will be necessary.
(3.)The preamble to the Act suggests that the MRTP Act was enacted, inter alia, ".......to make better provisions for the preparation of development plans with a view to ensuring that town planning schemes are made in a proper manner and their executions is made effective..........." .
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