NAGPUR IMPROVEMENT TRUST & ORS. versus M/S BOMBAYWALA & ORS.

Citation: [2019] 1 S.C.R. 1001 · Decided: 22-01-2019 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A
B
C
D
E
F
G
H
1001
NAGPUR IMPROVEMENT TRUST & ORS.
v.
M/S BOMBAYWALA & ORS.
(Civil Appeal No. 937 of 2019)
JANUARY 22, 2019
[A. K. SIKRI, ASHOK BHUSHAN AND M. R. SHAH, JJ.]
Maharashtra Regional Town Planning Act, 1966 – Purpose
of its enactment – Held: To make provisions for planning the
development and the use of land in regions established for their
purpose and to ensuring that Town Planning Schemes are made in
a proper manner and their execution is made effective.
Maharashtra Regional Town Planning Act, 1966 – s.59 –
Improvement scheme – Abhyankar Road Widening and Buty Mahal
Street Scheme was framed under Nagpur Improvement Trust Act in
the year 1960 for creating improved means of communications and
facilities for traffic – The scheme provided for 15 metre internal
road – However, the Development Plans made under the MRTP Act
which came into effect on 11.1.1967  did not provide for 15 metre
internal road – NIT decided to implement the scheme – State
Government allotted reconstituted composite plot to the land owners
– Pursuant thereto, the process of widening of Abhyankar Road
was initiated and notices were issued for demolition of shops – Writ
petitions filed for quashing of the notices – High Court quashed
the notices of demolition – High Court also observed that as in the
Scheme sanctioned under s.45 of the NIT Act, 15 metre internal
road is provided, unless the same is varied and/or modified under
s.46 of the NIT Act by the Planning Authority, the same shall have
to be implemented – On appeal, held: The Development Plan made
under the MRTP Act would take precedence over any Scheme to
the contrary – s.59 of the MRTP Act provides for preparation of the
Scheme under the MRTP Act, which specifically provides that the
Planning Authority may prepare one or more Town Planning Scheme
for the area within its jurisdiction or any part thereof for the purpose
of implementing the proposals in the Final Development Plan –
Conjoint reading of ss.39, 43, 46 and s.59 of the MRTP Act showed
that the Development Plans prepared and sanctioned under the
[2019] 1 S.C.R. 1001
1001
A
B
C
D
E
F
G
H
1002
SUPREME COURT REPORTS
[2019] 1 S.C.R.
provisions of  the MRTP Act shall prevail – Therefore, there cannot
be any development and/or construction permitted contrary to the
Development Plan prepared and sanctioned under the provisions
of the MRTP Act, though the Scheme  prepared and sanctioned
under s.45 of the NIT Act may permit such development and/or
construction – In case of a conflict between the MRTP Act and the
NIT Act,  the MRTP Act will prevail – Nagpur Improvement Trust
Act, 1936 – s.45.
Maharashtra Regional Town Planning Act, 1966 – s.39 –
Modification of scheme deleting 15 metres wide road – Permissibility
– Held: s.39 of the MRTP Act mandates the Planning Authority to
vary the Scheme in line with the Development Plan sanctioned under
the MRTP Act – In the transferred case in question, when the DP
was sanctioned, without any proposal for the 15 metres internal
road, first in the year 1976 and thereafter in the years 1989 and
2001, the same was after following the due procedure and the same
was approved and sanctioned by the State Government – Thereafter,
when the Scheme to the extent in conflict with the DP Plan was
modified as mandated under s.39 of the MRTP Act, the same cannot
be said to be illegal – Therefore, when s.39 MRTP Act and the
provisions of the NIT Act are read harmoniously, the impugned
Notification modifying the Scheme and/or Board Resolution
modifying the Scheme deleting 15 metres wide road, which is in line
with the Development Plan sanctioned under the MRTP Act, cannot
be said to be illegal – Nagpur Improvement Trust Act, 1936 – s.45.
Disposing of the matters, the Court
HELD:  1. The Final Development Plan of 1976 did not
contain the 15 metres internal road from the land in question as
against the 15 metres internal road provided in the final Scheme
of 1964.  Thus the Scheme of 1964 prepared and sanctioned the
provisions of the NIT Act to the extent of providing 15 metres
internal road can be said to be not in consonance with the
Development Plan sanctioned under the provisions of the MRTP
Act.   Section 59 of the MRTP Act provides for preparation of the
Scheme under the MRTP Act, which specifically provides that
the Planning Authority may prepare one or more Town Planning
Scheme for the area within its jurisdiction or any part thereof for
the purpose of implementing the proposals in the Final
Developmen

Excerpt shown. Read the full judgment & AI analysis in Lexace.