Case Note & Summary
This writ petition was filed by multiple business entities and individuals against the State of Maharashtra, Nagpur Improvement Trust, and others concerning the implementation of the ‘Abhyankar Road Widening and Buty Mahal Street Scheme’. The scheme was initiated to improve traffic conditions, remove congestion, and develop an 8.7-acre area belonging to the Buty family into a shopping centre. The petitioners, including numerous long-standing shopkeepers and residents, challenged the scheme's implementation. The court’s full reasoning and decision are not available in the provided text, but the matter was admitted and taken up for final disposal. The partial facts indicate that the scheme was framed under the Nagpur Improvement Trust Act, 1936, with a resolution passed in 1960 and a notification issued in 1961. The involvement of multiple stakeholders—land owners, developers, the Improvement Trust, and tenants—was noted.
Issue of Consideration
Writ Petition No.2695 of 2015
Case Details
2016 LawText (BOM) (09) 124
Writ Petition No.2695 of 2015
R.K. Deshpande, S.B. Shukre
Shri Subodh Dharmadhikari, Senior Advocate assisted by Shri Charuhas Dharmadhikari, Shri N.S. Rao, Assistant Government Pleader, Smt. Bharti Dangre, Shri M.M. Agnihotri, Shri Sunil Manohar, Senior Advocate assisted by Shri Akshay Naik, Shri M.G. Bhangde, Senior Advocate assisted by Shri R.M. Bhangde, Shri Ritesh D. Kalra
M/s. Bombaywala & 17 Others
State of Maharashtra & 14 Others
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Nature of Litigation
Writ petition challenging implementation of Abhyankar Road Widening and Buty Mahal Street Scheme by Nagpur Improvement Trust
Judgment Excerpts
The purpose of the said Scheme is to create and improve the existing means of communications and facilities for the traffic by removing congestion and to develop the area into a beautiful shopping centre.
On 29-10-1960, the Board of Trustees of NIT passed a resolution to frame the Scheme under Section 31 of the Nagpur Improvement Trust Act, 1936 (“ NIT Act ”) involving acquisition of properties as per the list and the map enclosed, and it was published under Section 39 of the NIT Act (which is equivalent to Section 4 of the Land Acquisition Act) on 5-10-1961, inviting objections from the public at large.
Procedural History
Writ petition filed; rule issued; taken up for final disposal.
Acts & Sections
- Nagpur Improvement Trust Act, 1936: Section 31, Section 39
- Companies Act, 1956:
