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Mahendra Baburao Mahadik & Ors vs Subhash Krishna Kanitkar & Ors on 16 March, 2005
Showing the contexts in which the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 appears in the document
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(vi) The resolution dated 12th October, 1998 is quashed and set aside. Respondent nos. 1 and 2 are directed to take immediate steps to demolish the unauthorized structures in Bhivandi in accordance with law."

SUBMISSIONS:

Mr. Shekhar Naphde, learned senior counsel appearing on behalf of the Appellants principally raised the following two contentions in support of these appeals:

(1) Having regard to the statutory scheme contained in Sections 52 and 53 of the MRTP Act read with Section 189 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (the Municipal Act), the Municipal Council had the requisite jurisdiction to pass the resolution dated 12th October, 1998 and in that view of the matter the direction of the High Court to demolish the structure is manifestly unjust, as pursuant to or in furtherance of such scheme of regularization, the Appellant could have filed an application praying for regularization of the constructions raised by them.

STATUTORY PROVISIONS:

The relevant provisions of the MRTP Act are as under:

"2(15) "local authority" means 

(a) the Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act or the Nagpur Municipal Corporation constituted under the City of Nagpur Municpal Corporation Act, 1948, or any Municipal Corporation constituted under the Bombay Provincial Municipal Corporation Act, 1949.

(b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 2(19) "Planning Authority" means a local authority; and includes