Venus Housing Enterprises vs Brihanmumbai Municipal Corporation & ...

The Supreme Court upheld the High Court's decision to dismiss the appellant's writ petition challenging the withdrawal of a show-cause notice issued under Section 89 read with Section 165 of the Maharashtra Regional and Town Planning Act, 1966. The Court found that the tenants' use of the premises for commercial purposes was non-conforming and that the Corporation's withdrawal of the notice was justified based on the tenants' representations. The Court clarified that the non-conforming use could continue only for 16 years from the Scheme's enforcement date, and the Corporation had discretion in enforcing the Scheme.