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july 2013

Supreme Court of India · 2013-07-25

Mun.Corp.Of Gr.Mumbai & Ors vs Kohinoor Ctnl Infrs.Co.P.Ltd.& Ors

Court
Supreme Court of India
Petitioner
Mun.Corp.Of Gr.Mumbai & Ors
Respondent
Kohinoor Ctnl Infrs.Co.P.Ltd.& Ors
Author
G. S. Singhvi
Bench
H.L. Gokhale, G.S. Singhvi

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision to quash the stop work notice and the order restricting the height of the building under Section 51 of the Maharashtra Regional and Town Planning Act, 1966. The Court found that the respondents had already made substantial construction based on previously sanctioned plans and that the amended Development Control Regulations (DCR) could not retroactively apply to their project. The Court emphasized the principle of legitimate expectation in planning permissions, affirming the rights of developers who have acted in reliance on valid approvals.

Mun.Corp.Of Gr.Mumbai & Ors vs Kohinoor Ctnl Infrs.Co.P.Ltd.& Ors · Niyam