JAYANT ACHYUT SATHE vs JOSEPH BAIN D'SOUZA .

The Supreme Court upheld the Bombay High Court's interpretation of Regulation 33(7) of the Development Control Regulations, 1991, affirming that it applies only to privately owned dilapidated buildings of 'A' category requiring reconstruction, with structural repair costs exceeding Rs. 1200 per sq. meter as per Section 88(3) of the MHAD Act. The Court found the reduction of side spaces for buildings under 24 meters to be arbitrary and violative of Article 14 of the Constitution, mandating that minimum side spaces of 3.6 meters be maintained. The Court allowed previously approved reconstruction projects to proceed without prejudice to investors.