In Brief
The Supreme Court addressed a conflict between a Town Planning Scheme sanctioned under the Nagpur Improvement Trust Act (1936) that provided for a 15-metre internal road, and a Development Plan prepared under the Maharashtra Regional Town Planning Act (1966) that did not include this internal road. The High Court had quashed demolition notices and held that the Scheme must be formally varied before development could proceed. The Supreme Court reversed this, holding that a Development Plan sanctioned under the MRTP Act overrides a conflicting pre-MRTP Scheme. Layout plans and building permits granted under the MRTP Act are valid despite conflicts with the earlier Scheme, and formal variation is not a condition precedent to development under the Development Plan.
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