LAXMINARAYAN FULCHAND BHATTAD Vs. PANDHARPUR MUNICIPAL COUNCIL

JUDGEMENT

(1.) The Tribunal of Appeal constituted under the Maharashtra Regional and Town Planning Act, 1966 (for short "the Act") held that the appellant's appeal under Section 74 of the Act was not maintainable and consequently it was dismissed. The writ petition filed in the High Court challenging the said order was also dismissed.

(2.) Undisputably, the appellant's plot was covered by the Act and the scheme framed thereunder for Pandharpur. The appellant was owner of certain lands/plots which were constituted into Final Plot No. 164 after a draft scheme was approved. But, however, the size of the final plot allotted to the appellant was reduced by an area of 872 square metres and the same was acquired under the scheme. In respect of this 872 square metres, the appellant was awarded a compensation by the arbitrator. Being dissatisfied with the said award, the appellant preferred an appeal before the Tribunal under section 74 of the Act. But, however, the Tribunal in view of clause (iv) of sub-section (3) of Section 72 of the Act held that the appeal was not maintainable. The writ petition filed by the appellant was dismissed by the division Bench of the High Court.

(3.) The question that falls for our consideration relates to an interpretation of clause (;v) of sub-section (3) of Section 72 of the Act which reads as under: