their land. The restriction to construct on
the land is placed primarily by the Planning Laws i.e. the MRTP Act
and Development ... guarantees to a citizen the right to practice any profession or to carry
on any occupation, trade or business, which is subject to Article
Regulation 16(n) of D.C. Regulations read with Section 46 of M.R.T.P. Act, 1966.
23. The Learned Counsel placed reliance ... same could be done only under Section 37 of the MRTP Act. The Learned
Counsel submitted that though the Petitioners had raised objection
already filed retention/regularization
application under the provisions of the said MRTP Act. This Court
KVM
6
WPL 22398 OF 2022.doc
disposed ... take into consideration the net area of the
entire plot but restrict themselves to apply for regularization/retention
only in respect of the land admeasuring
lapsed
in view of contingencies mentioned in Section 127 of the M.R.T.P.
Act, the necessary consequences under the scheme of Section ... M.R.T.P. Act must follow. The land which is released from the
reservation becomes available to the owner for the purpose of
development
effect that a restricted
meaning cannot be given to Section 46 of the MRTP Act so as to
11 2019 SCC Online ... with
regards the said land, there is no restriction of whatsoever nature
as per the MRTP Act or DCR. Thus, the TMC cannot
question.
5. The said notification under section 126(4) of the MRTP Act
was published in the Maharashtra Government Gazette, Aurangabad
Division, Supplement ... Authority for New Aurangabad notified area under section 40(i)(b) of
MRTP Act by Government Notification dated 30th October, 1972,
amended
whether, the plan
first prepared and notified under Section 21 of the
M.R.T.P. Act, is the final development plan and the plan ... revision of the final
development plan proposed under Section 21 of the
M.R.T.P. Act and as such, the notice contemplated under
Section
ao75-15
issued under section 55 of the M.R.T.P. Act, 1966 as against the
plaintiff and the suit premises being ... subject matter of the notice issued under
section 55 of the M.R.T.P. Act is in existence since 1961-1962 and
the appellant
respectively). The Petitioner
also served purchase notice under Section 49 of the MRTP Act on 14 th
March, 2019 on Respondent ... Land Acquisition (Rehabilitation and Resettlement) Act
2013 r/w. Section 126 of M.R.T.P. Act, is not issued.
6. Section
Maharashtra
Regional & Town Planning Act (for short, "the said M.R.T.P. Act").
Vide three notifications dated ... notifications as per provision of section 40(1)(4) of the said
M.R.T.P. Act for the development of Aurangabad notified area
