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.