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TMI Blog1996 (12) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... ombay High Court dated October 14, 1994, made in W.P. Nos.4023/89, Proceedings were initiated under the Maharashtra Regional & Town Planning Act, 1966, (for short, the 'Act'), for framing a scheme and for acquisition of the land in that behalf. The Final Development Plan was made on November 29, 1980. Notification under section 126(4) of the Act was published on August 6, 1987. It. was published i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esentation made by the Corporation, the Government had issued a corrigendum on August 19, 1994 restoring the status quo ante with a slight modification. The High Court in the impugned order, while upholding the validity of the notification under section 4(1) and declaration under Section 6 of the Land Acquisition Act, held that the award was not valid in law since there was a corrigendum issued by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... um what has been modified is that the entire site is now reserved for 'informal housing' and stable. Originally, the entire area was reserved for stables and 100 wide road. The reservation was deleted earlier, as stated above, and western part was included in commercial zone and eastern part was included in the residential zone on the plan. In view of the fact that of the final plan was restored, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nything contained in this Act, acquire such land under the provisions of the Land Acquisition Act, l894. Sub-section (3) envisages that on the land vesting in the State Government under Section 16 or 17 of the Land Acquisition Act, 1894, as the case may be, the relevant plan or scheme shall be deemed to be suitably varied by reason of acquisition of the said land. Thus it could be seen that once a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue to the fact that immediately after the award and before the publication of the award, the writ petition came to be filed on September 25, 1980, we direct the appellants to make an application within six weeks under Section 18(1) of the Land Acquisition Act seeking reference. The land Acquisition Officer is directed to refer the matter to the competent civil Court for disposal within two months ..... X X X X Extracts X X X X X X X X Extracts X X X X
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