Special Planning Authorities. All developments within Greater Mumbai
are subject to the MRTP Act with due regard to the development plan ... learned Commissioner
has referred to Sections 52 to 58 of the MRTP Act which empowers the
MCGM and particularly the Designated Officer
Maharashtra Regional and Town Planning Act, 1966 (for
short "the MRTP Act"). These plots of land are vested with respondent ... conferring on it an entitlement in law, namely
under the provisions of MRTP Act, to develop and auction these lands
when the statutory appeal of Sahyadri under
Section 47 of the MRTP Act was itself dismissed being barred by limitation,
and whether ... pass orders thereon.
13. We may observe that Section 47 of the MRTP Act provides for a
remedy to a person
wherein the
Supreme Court considering the provisions of section 127 of the M.R.T.P.
::: Downloaded on - 10/10/2014 ... Land Acquisition Act 1894 read with section 126 (4) of the M.R.T.P. Act,
1966 would constitute commencement of the acquisition proceedings
Maharashtra Regional Town
Planning Act 1966 ( for short the M.R.T.P. Act) and order dated 18 th
March 2004 passed by the Executive ... admits of the said position that Appeal under
Section 47 of the MRTP Act filed on behalf of Respondent
case, the Court is of the opinion that Section 46 of the
M.R.T.P Act, 1966 would not apply to the facts ... never
existed. Even otherwise what is envisaged under Section 46
of the M.R.T.P. Act is due regard to draft plan only
Supreme Court in considering the provisions of sections 127
of the M.R.T.P Act, 1966 has held that "the steps for acquisition ... land in question had lapsed
by operation of section 127 of the M.R.T.P. Act, 1966.
16. In the light of the aforesaid
Supreme Court in considering the provisions of section 127
of the M.R.T.P Act, 1966 has held that "the steps for acquisition ... contemplated under section 127 of the M.R.T.P. Act, 1966 would be
issuance of a declaration under section 6 of the Land Acquisition
State Government, and that
in fact, CIDCO acted in breach of the MRTP Act. It is contended that in
these circumstances, NMMC ... like development plans, for the preparation of
which procedure under MRTP Act was not to be followed, nor was it
applicable
Act") which falls
in Chapter VI of the MRTP Act providing for "New Towns", specified sites ... section (3A) came to be inserted in Section 113 of the MRTP Act by
Maharashtra Act 21 of 1971 authorizing the State
