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july 2013

Supreme Court of India · 2013-07-25

MUN.CORP.OF GR.MUMBAI vs KOHINOOR CTNL INFRS.CO.P.LTD..

Citation / case number
SC 2012/33403
Court
Supreme Court of India
Petitioner
MUN.CORP.OF GR.MUMBAI
Respondent
KOHINOOR CTNL INFRS.CO.P.LTD..
Author
H.L. GOKHALE 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 issued under Section 51 of the Maharashtra Regional and Town Planning Act, 1966, and the order restricting the height of the building to ground plus four floors. The Court found that the respondents had already made substantial construction based on previously sanctioned plans, and thus the amended Development Control Regulations could not be applied retroactively. The Court emphasized that changes in regulations should not adversely affect ongoing projects that have received prior approvals.

MUN.CORP.OF GR.MUMBAI vs KOHINOOR CTNL INFRS.CO.P.LTD.. · Niyam