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1 - 10 of 13 (0.58 seconds)Intellectuals Forum, Tirupathi vs State Of A.P. & Ors on 23 February, 2006
11. The Supreme Court in Intellectual Forum, Tirupathi Vs.
State of A.P. and others reported in (2006) 3 SCC 549has
succinctly summarized the law in this behalf as under:-
Municipal Corporation, Ludhiana & ... vs Balinder Bachan Singh (D) By Lrs. & ... on 28 April, 2004
In Municipal Corporation, Ludhiana and another Vs.
Balinder Bachan Singh (dead) by LRS and others reported in
(2004) 5 SCC 182,the dispute was regarding open spaces
earmarked for developing the parks used by the inhabitants of
the locality. The scheme was approved by the Municipal
Corporation under the Punjab Municipal Act, 1911. When the
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scheme had been approved and duly developed and the open
space was being used by the inhabitants, the respondent filed
a suit claiming the said land, which was dismissed. Appeal
.
Padma vs Hiralal Motilal Desarda & Ors on 9 September, 2002
In Padma Vs. Hiralal Motilal Desarda and others reported
in (2002) 7 SCC 564, the Supreme Court while explaining the
paramount consideration/ utilization of the land reserved in
future in accordance with the requirement of the later times,
criticized the approach of the City and Industrial Development
Corporation, Maharashtra and held that it was supposed to
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carry out its activities "on no profit no loss basis". While
upholding the order of the High Court, it was held that the
decision to dispose of the land in bulk cannot be said to have
.
Bombay Dyeing & Manufacturing Co. Ltd vs Bombay Environmental Action Group & Ors on 11 May, 2005
14. The Supreme Court in Bombay Dyeing and
Manufacturing Co. Ltd.(3) Vs. Bombay Environmental Action
Group and others reported in(2005) 5 SCC 61held that
"ecological factors indisputably are very relevant
considerations in construing a town planning statute. The
Court normally would lean in favour of environmental
protection in view of the creative interpretation made by this
Court in finding a right of environment protection including the
right to clean water, air etc. under Article 21 of the
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Constitution." The Supreme Court in Para 100 of this judgment
observed that "both open space as also the other factors
relevant for making the regulation would be in public interest.
Yogendra Singh Tomar vs State Of Madhya Pradesh And Ors. on 22 November, 1996
10. From the decisions referred to above, it becomes
apparent that;
Article 14 in Constitution of India [Constitution]
Article 48A in Constitution of India [Constitution]
The Himachal Pradesh Municipal Corporation Act, 1994
Bangalore Medical Trust vs B.S. Muddappa And Ors on 19 July, 1991
Following the aforesaid judgment in
Bangalore Medical Trust(supra) and on various other
decisions, this Court in Yogendra Singh Tomar(supra) in
paragraph Nos.3, 10 and 11 of the report has held as under:-