Supreme Court · 2005 INSC 260 · Decided 5 May 2005
Raju S. Jethmalani and ORS. v. State of Maharashtra and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 260 · [2005] SUPP. 1 S.C.R. 1
- Case number
- CIVIL APPEAL No. 8274/2003
- Decided
- 5 May 2005
- Bench
- ASHOK BHAN, A.K. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Municipal Corporation: Maharashtra Regional and Town Planning Act, 1966: Private land earmarked Jo; purpose of garden in the development plan, not acquired by the Corporation-Proposal of owner of land for its de­ reservation allowed-Challenged by residents of the area-High Court directing High Court erred in placing the burden on the owner of land-Development plan comprising of private land cannot be implemented unless such land is acquired-Corporation and Government having expressed their inability to acquire that land, cannot deprive the owner from using their private property.
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