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Indian Cork Mills Pvt.Ltd vs The State Of Maharashtra And 2 Ors on 13 June, 2018

18. Ms. Kantharia, learned Counsel for SRA and Mr. Jadhav, learned AGP for the State would not dispute the clear position as noted hereinabove that none of the essential requirements as held by the Courts in the aforesaid decisions were complied, before the petitioner's land could be acquired, inasmuch as no opportunity whatsoever at the relevant time was made available to the petitioner to undertake redevelopment of the land in recognition of the petitioner's preferential rights. They also do not dispute that the position in law in this regard is well settled in the recent decision of the Supreme Court in Tarabai Nagar Co- op.Hsg.Society (proposed) (supra) upholding the decision of this Court in Indian Cork Mills Pvt. Ltd. (supra) and in Saldanha Real Estate Pvt. Ltd. Page 14 of 17 P. V. Rane ::: Uploaded on - 14/10/2025 ::: Downloaded on - 14/10/2025 21:40:08 ::: WP 1018-17.DOC (supra) which confirms the decision of this Court in Bishop John Rodrigues (supra).
Bombay High Court Cites 74 - Cited by 6 - G S Kulkarni - Full Document

Panchsheel Nagar (Sra) ... vs State Of Maharashtra And 6 Ors on 18 January, 2019

26. This Court in Tarabai (supra) has unequivocally established that: (i) the private owner of an SR Area has a preferential right to develop it; (ii) the SRA must invite the landowner to come forward with a redevelopment proposal and give them reasonable time to do so before the said preferential right extinguishes; and (iii) the State or the SRA cannot move to acquire the land before the preferential right of the owner is extinguished. These principles will also apply mutatis mutandis to the case in hand.
Bombay High Court Cites 4 - Cited by 94 - Full Document
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