Supreme Court of India · 2005-05-05
Raju S. Jethmalani & Ors vs State Of Maharashtra & Ors
- Citation / case number
- AIRONLINE 2005 SC 712
- Court
- Supreme Court of India
- Petitioner
- Raju S. Jethmalani & Ors
- Respondent
- State Of Maharashtra & Ors
- Author
- A.K. Mathur
- Bench
- Ashok Bhan, A.K. Mathur
Judgment text excerpt
The Supreme Court addressed the legality of de-reserving land earmarked for public parks under the Maharashtra Regional and Town Planning Act, 1966. The Court emphasized that once land is designated for a public purpose, such as promoting ecology, it cannot be de-reserved without just cause, referencing the precedent set in Bangalore Medical Trust vs. B.S. Muddappa (1991) 4 SCC 54. The Court held that the High Court's decision to allow de-reservation was flawed as it undermined the public interest, ultimately ruling in favor of maintaining the reservation for the garden.