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december 2007

Supreme Court of India · 2007-12-14

SURESH ESTATES PVT.LTD. vs MUNICIPAL CORP.OF GREATER MUMBAI .

Citation / case number
SC 2007/23714
Court
Supreme Court of India
Petitioner
SURESH ESTATES PVT.LTD.
Respondent
MUNICIPAL CORP.OF GREATER MUMBAI .
Author
K.G. BALAKRISHNAN,LOKESHWAR SINGH PANTAM. PANCHAL
Bench
CJI K.G. BALAKRISHNAN,LOKESHWAR SINGH PANTA,J.M. PANCHAL

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision denying the appellants' request for development permission under Section 45(5) of the Maharashtra Regional and Town Planning Act, 1966. The Court ruled that the plot was reserved for public use and that the Municipal Corporation's refusal to purchase the land did not automatically grant development rights. The Court emphasized that the appellants must comply with existing regulations, including the Development Control Rules, 1967, and the Environment (Protection) Act, 1986, which govern construction in Coastal Regulation Zone II areas.

SURESH ESTATES PVT.LTD. vs MUNICIPAL CORP.OF GREATER MUMBAI . · Niyam