ANTAR BHARTI ASHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable early. Heard finally by consent of learned Counsel for the parties.

(2.) Service of a valid notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 is not in dispute. However, only defence raised by the Planning Authority is that original owner Dr. S.P. Gumastha has donated the land, which could have been otherwise declared surplus to petitioner before scheme under Section 20 of Urban Land (Ceiling and Regulation) Act, 1976 was sanctioned.

(3.) Adv. Parchure for petitioner is relying upon order of exemption dated 16/3/1981. He states that exemption has been granted specifically for enabling Dr. S.P. Gumastha to donate that land to petitioner public trust and for construction of a hospital and dispensary upon it by petitioner public trust.