In Brief
The Supreme Court considered whether Development Plans under the Maharashtra Regional Town Planning Act override Town Planning Schemes under the Nagpur Improvement Trust Act. The Nagpur Improvement Trust issued demolition notices based on a sanctioned building permit and layout plan. The High Court had set aside these notices, holding that a 15-metre internal road required under an earlier Scheme must be provided unless the Scheme is formally varied. The Supreme Court held that Development Plans prevail over conflicting Town Planning Schemes; construction cannot proceed contrary to the Development Plan merely because the Scheme permits it. The Court allowed the appeals, set aside the High Court's judgment, and upheld the demolition notices, observing that equity favoured the developers who had incurred substantial expenses.
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