STATE OF MAHARASHTRA Vs. SADASHIV GANPAT AVHAD

JUDGEMENT

(1.) BY this common judgment, we will dispose of 357 first appeals/cross-objections, wherein the following questions of law arise for determination. Questions of law:

(2.) THE above questions of law are to be examined by us with reference to the following facts.

(3.) THE Urban Development, Public Health and Housing Department, Government of maharashtra, published a notification on 27th January, 1975 under section 40 (l) (b)of the Maharashtra Regional and Town planning Act, 1966 (hereinafter referred to as "the Planning Act") and appointed the City and industrial Development Corporation of maharashtra Limited (hereinafter referred to as "the Corporation"), as a Special Planning authority for the development of Nashik notified Area specified in the schedule thereto. Whereafter, the Government of Maharashtra has, under section 40 (3) (d) of the Planning act, after consultation with the Director of town Planning, approved the proposals submitted by the Corporation for development of lands in Nashik Notified Area and has published the orders approving the proposals on 1st March, 1977 in the Extraordinary maharashtra Government Gazette, Part I. It also appears from the record that notification under section 125 of the Planning Act had already been issued approving the plans on 5th February, 1976 which was duly notified on 1st March, 1977, sanctioning the plans. The Corporation moved an application under section 126 (1) of the Planning Act to the Government for acquisition of the land for the purposes of planned development and utilisation of Nashik Notified Area for industrial, commercial and residential purposes under the provisions of the Acquisition Act.