Supreme Court of India

Raju S. Jethmalani and Ors. v. State of Maharashtra and Ors.

Neutral citation
Reported as [2005] SUPP. 1 S.C.R. 1
Bench Ashok Bhan and A.K. Mathur JJ.
Decided 5 May 2005
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting with the case we may observe that we tried to explore the possibility ifthe Municipal Corporation is still prepared to acquire the land then even at this point of time we can permit them to acquire the F land keeping in view the larger interest of ecology and for the amenities to the public of that locality.

Judgment, page 9

From the headnote

Municipal Corporation: Maharashtra Regional and Town Planning Act, 1966: Private land earmarked Jo; purpose of garden in the development plan, not acquired by the Corporation-Proposal of owner of land for its de­ reservation allowed-Challenged by residents of the area-High Court directing owner to find an alternate plot within 2 years and on failure to set aside de­ reservation-Correctness of-Held, High Court erred in placing the burden on the owner of land-Development plan comprising of private land cannot be implemented unless such land is acquired-Corporation and Government having

Where later benches applied it

Of those, 1 referred to · 1 not applicable

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