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Showing contexts for: Basic design in Shri Prashant Balwantrao Tekade vs The State Of Maharashtra on 19 March, 2012Matching Fragments
32. Though the possession and enjoyment of property is the right under Article 300A of the Constitution of India, right to develop it is subject to municipal laws in that respect and this fetter on that right is well recognized. The petitioners ought to have demonstrated that there development was legal and valid in terms of M.R.T.P. Act, 1966 so as to enable them to claim the right to load T.D.R. on their respective plots. They are not in a position to do so. Original owners of these gunthewari regularized plots are beneficiaries of one time concession made in their favour by the State Legislature in public interest. Permitting such beneficiaries to load T.D.R. to their gunthewari regularized plots, will be inconsistent with the object and purpose of 2001 Act. The basic design was/is to help economically weaker section to solve their housing problem by saving it from otherwise imminent demolition as per MRTP Act. Relaxation granted is one time measure only and aim is to stop such illegal development activities in future.