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.