Supreme Court of India

M/s. Girnar Traders v. St Ate of Maharashtra and Ors.

Neutral citation

Reported as [2007] 9 S.C.R. 383

Bench B.N. Agrawal J.

Decided 27 August 2007

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, the impugned judgment and order dated 18.3.2005 passed by the Division Bench of the Bombay High Court is set aside and this appeal is allowed.

Judgment, page 42

From the headnote

Land Acquisition Act, 1894/Maharashtra Regional and Town Planning Act, 1966: Section I IA/Sections 126, 127 c Interpretation and applicability of newly inserted S.11 of the Land Acquisition Act to the MRTP Act-Referred to larger Bench-There is no application under clause (s) of S.126(/) moved by the officer authorized by the Municipal Corporation i.e. the Municipal Commissioner to the State Government for acquisition of the land-Thus, it cannot be said that steps as contemplated were taken for the commencement of acquisition proceedings-Hence, appellants are entitled to deemed dereservation

Authorities it was built on

1955 Tirath Singh v. Bachittar Singh and Others cited by 20
1998 U.P. Avas Evam Vikas Parishad v. Jainul Islam and Anr. cited by 19
2003 The Divisional Controller, Ksrtc v. Mahadeva Shetty and Anr. cited by 12
1961 The Collector of Customs, Baroda v. Digvijaysinhji Spinning & Weaving Mills Ltd. cited by 5
1996 Narashimaha Murthy v. Smt. Susheelabai & Ors. cited by 5

Where later benches applied it

2022 The Kolhapur Municipal Corporation & Ors. v. Vasant Mahadev Patil (dead) through L.r.s & Ors. relied on
2011 Arun Kumar Aggarwal v. State of Madhya Pradesh and Ors. relied on
2024 Insolvency and Bankruptcy Board of India v. Satyanarayan Bankatlal Malu & Ors. referred to
2022 Jarnail Singh & Ors v. Lachhmi Narain Gupta & Ors referred to
2020 Mohandas and Others v. The State of Maharashtra and Others referred to
2018 Chhabildas v. The State of Maharashtra & Ors. referred to
2014 Hasmukhrai V Mehta v. State of Maharashtra and Others referred to
2022 Dr. Abraham Patani of Mumbai & Anr v. The State of Maharashtra & Ors. distinguished

Of those, 2 relied on · 1 distinguished · 5 referred to

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