Jayant Achyut Sathe vs Joseph Bain D'Souza & Ors

The Supreme Court upheld the Bombay High Court's interpretation of Regulation 33(7) of the Development Control Regulations, 1991, confirming it applies only to privately owned dilapidated buildings of 'A' category that require reconstruction and meet the cost criteria under Section 88(3) of the MHAD Act. The Court found the reduction of side spaces for buildings under 24 metres to be arbitrary and violative of Article 14 of the Constitution, mandating a minimum side space of 3.6 metres. The Court allowed ongoing reconstruction projects to proceed but prohibited future reconstructions without the necessary structural repair certification under Section 88(3).