In Brief
The Supreme Court examined whether a Development Plan under the Maharashtra Regional Town Planning Act (MRTP Act) overrides a conflicting Town Planning Scheme under the Nagpur Improvement Trust Act. An internal road of 15 metres was provided in the 1964 Scheme but absent from the Development Plan prepared in 1976 and its subsequent revisions. The High Court held that the Scheme must be formally varied before permitting conflicting development. The Supreme Court reversed this, holding that Development Plans sanctioned under the MRTP Act prevail over earlier Schemes, and no development contradicting the Development Plan may be permitted. Formal variation of the Scheme is a procedural formality required by the MRTP Act, not a condition precedent to implementing the Development Plan. The Court allowed the appeals and dismissed the transferred case challenging the Scheme's modification.
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