STATE OF MAHARASHTRA Vs. MAHADEO PANDHARINATH DHOLE

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution, the petitioner-the State of Maharashtra seeks to challenge the legality and validity of the order dated 22nd July, 1974; passed by the Maharashtra Slum Areas Improvement, Clearance and Re-development) Tribunal (herein-after the Tribunal) in appeal No. 3 of 1973 preferred before it by respondent No. 1 herein under section (4)3 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971, against the declaration dated 16th August, 1973 made by the competent authority under which declaration the property in dispute was declared to be a slum area.

(2.) This petition involves consideration of some of the provisions of three State enactments viz., the Maharashtra Regional and Town Planning Act, 1966, hereinunder referred as the 1966, Act, the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 hereinafter referred to as the 1971, Act and the Maharashtra Slum Improvement Board Act, 1973, hereinafter referred to as the 1973, Act.

(3.) Circumstances under which dispute involved in the present petition area have been as follows. Situated in Poona City were two plots viz., Final Plot Nos. 55 and 56 at Mangalwar Peth. These two plots were amalgamated and on amalgamation, the same were constituted as C.S. No. 449, Mangalwar Peth, Poona. The said property was the ancestral property of respondent No. 1 herein and his uncle. Area of the aforesaid property was divided into eleven sub-plots and in the final decree partition proceedings, sub-plot Nos. 5 to 8 and 10 and 11 came to be allotted to the share of respondent No. 1 herein Mahadeo Pandharinath Dhole. This allotted property is the subject matter of this petition. On 8th July, 1966, the State Government sanctioned a development plan relevant for the purpose of this petition. This development plan was sanctioned under the provisions of section 31 of the 1966 Act and the same came into effect from 15th August, 1966. Under the said plan, the property in dispute herein stood reserved for a play-ground.