VidhiSangh

Supreme Court of India · 22/01/2019

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

[2019] 1 S.C.R. 1001 · 2019 INSC 69

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Summary

A 1964 improvement scheme provided a fifteen-metre internal road, but the later sanctioned development plans did not. The Court held that the development plan under the MRTP Act prevails over an inconsistent earlier scheme, even before formal variation. The High Court therefore erred in nullifying development permissions and demolition notices for want of the old internal road. The subsequent scheme modification was also sustained, while the opposing tenants were assured the same treatment as other tenants under the existing settlement.

Issues

  1. Whether an earlier NIT improvement scheme must prevail until formally varied despite inconsistency with a sanctioned MRTP development plan.
  2. Whether plans, permissions and consequent demolition notices were invalid for omitting the scheme’s internal road.
  3. Whether subsequent modification of the scheme defeated the pending appeals or was procedurally invalid.
  4. What protection was required for the opposing tenants.

Provisions considered

Held

Result

Civil appeals allowed and the High Court judgment set aside except the appeal arising from SLP(C) 38036/2016 (Gaysons), which was dismissed. Transferred Case 23/2018 dismissed. Original writ petitioners assured the same treatment as other tenants under the settlement. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 1001.