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october 2011

Supreme Court of India · 2011-10-12

Girish Vyas And Anr vs State Of Maharashtra And Ors

Citation / case number
AIR 2012 SUPREME COURT 2043
Court
Supreme Court of India
Petitioner
Girish Vyas And Anr
Respondent
State Of Maharashtra And Ors
Bench
H.L. Gokhale, R.V. Raveendran

Judgment text excerpt

The Supreme Court addressed the authority of the Municipal Corporation as the statutory planning authority under the Maharashtra Regional and Town Planning Act, 1966, emphasizing that the State Government cannot issue instructions that contravene the sanctioned Development Plan. The Court held that any interference by the State Government in the planning process, particularly regarding the shifting of reservations for public amenities, constitutes a mala fide exercise of power and violates the due process of law. Consequently, the Court ruled in favor of the appellants, affirming the sanctity of the Development Plan.

Girish Vyas And Anr vs State Of Maharashtra And Ors · Niyam