AKBAR MALIK Vs. M/S. BOMBAYWALA

JUDGEMENT

(1.) In Writ Petition No.2685 of 2015, which we decided on 15-9-2016 ("the said writ petition"), the challenge was to the identically worded individual notices issued to 18 petitioner- shopkeepers by the NIT on 24-4-2015, calling upon them to vacate the portion of their shops, leaving 8-meter depth from Sitabuldi Main Road so as to facilitate demolition and construction of commercial complex in Khasra Nos.315 (Part) and 320 along with building permit, revised on 11-12-2014. The notices were issued under the pretext of implementing the Government Resolution dated 7-10-1997 and the compromise accepted by the Apex Court on 8-4-2002 in Special Leave Petition No.4846 of 2002 filed by the present review petitioners.

(2.) There was a dispute in the said writ petition as to the existence of 50 feet (15 meters) wide road ("internal road") joining Mahatma Gandhi Road on the north to Abhyankar Road on the west in "Abhyankar Road Widening and Buty Mahal Street Scheme"

(3.) The petitioners in the said writ petition, though challenged the entire action, conceded to the position that if the Scheme is implemented with the provision for internal road which gave some of the shopkeepers facing to the road, they shall not have any objection. This was opposed by the respondents in the said writ petition. It was the stand taken by the respondents therein, including the NIT, which is also the planning authority constituted under the provisions of the Maharashtra Regional and Town Planning Act, 1966 ("MRTP Act"), that in the first development plan brought into force on 3-6-1976 and revised on 4-5-1989 and 7-1-2000, the internal road was not shown in the Scheme and by virtue of Section 39 of the MRTP Act, the provision of internal road subsisting in the Scheme published under Section 45 of the NIT Act automatically came to an end and, therefore, the petitioners in the said writ petition could not insist for such internal road in the final layout plan sanctioned on 15-5-2012 and the building permit granted on 27-6-2012 and revised on 11-12-2014, to challenge the notices impugned. We did not consider in the said writ petition, the other provisions in the sanctioned layout and plan with the building permit.