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may 2005

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.

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