Supreme Court of India · 2011-10-12
GIRISH VYAS vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 1999/21032
- Court
- Supreme Court of India
- Petitioner
- GIRISH VYAS
- Respondent
- STATE OF MAHARASHTRA .
- Author
- H.L. GOKHALE R.V. RAVEENDRAN
- Bench
- H.L. GOKHALE R.V. RAVEENDRAN
Judgment text excerpt
The Supreme Court addressed the powers of the State Government in relation to the Municipal Corporation under the Maharashtra Regional and Town Planning Act, 1966. It held that the State cannot issue instructions to the Municipal Corporation that contravene the sanctioned Development Plan, particularly regarding the shifting of reservations for public amenities. The Court emphasized that any such interference, especially for personal benefit, constitutes a mala fide exercise of power, thus invalidating the actions taken under such instructions.