Supreme Court of India · 2019-01-22
NAGPUR IMPROVEMENT TRUST vs M/S. BOMBAYWALA .
- Citation / case number
- SC 2016/36547
- Court
- Supreme Court of India
- Petitioner
- NAGPUR IMPROVEMENT TRUST
- Respondent
- M/S. BOMBAYWALA .
- Author
- HON'BLE MR. JUSTICE M.R. SHAH
- Bench
- HON'BLE MR. JUSTICE A.K. SIKRI, HON'BLE MR. JUSTICE S. ABDUL NAZEER, HON'BLE MR. JUSTICE M.R. SHAH
Judgment text excerpt
The Supreme Court addressed the validity of the Nagpur Improvement Trust's scheme under the Nagpur Improvement Trust Act, 1936, specifically Sections 31, 39, and 44. The Court held that the scheme, which was sanctioned prior to the Maharashtra Regional Town Planning Act, 1966, must comply with the latter's provisions, which take precedence over earlier schemes. Consequently, the Court upheld the High Court's decision to set aside the notice issued by the Nagpur Improvement Trust, affirming the rights of the tenants involved.