Supreme Court of India · 2005-05-05
RAJU S. JETHMALANI vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 1999/18505
- Court
- Supreme Court of India
- Petitioner
- RAJU S. JETHMALANI
- Respondent
- STATE OF MAHARASHTRA .
- Author
- A.K. MATHUR
- Bench
- ASHOK BHAN & A.K. MATHUR
Judgment text excerpt
The Supreme Court addressed the legality of de-reserving land originally designated for public parks under the Maharashtra Regional and Town Planning Act, 1966. The Court emphasized that once land is earmarked for a public purpose, such as environmental conservation, it cannot be de-reserved without just cause. The Court upheld the High Court's decision allowing for equitable solutions that balance public interest with private ownership rights, while distinguishing the case from Bangalore Medical Trust v. B.S. Muddappa due to differing statutory provisions.