Supreme Court of India · 2010-01-15
BEST WORKERS UNION vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2008/27115
- Court
- Supreme Court of India
- Petitioner
- BEST WORKERS UNION
- Respondent
- STATE OF MAHARASHTRA .
Judgment text excerpt
The Supreme Court held that the amendment to regulation 9 of the Development Control Regulations for Greater Bombay, 1991, made under section 37(2) of the Maharashtra Regional and Town Planning Act, 1966, was invalid as it violated the mandatory requirement of providing personal notice to the petitioner, a recognized trade union of BEST workers. The Court emphasized that the petitioner, being a 'person affected', was entitled to a hearing before the amendment could take effect. Additionally, the Court found that the development agreement allowing commercial use exceeding the stipulated 30% was unlawful, leading to the quashing of the agreement.