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december 2014

Supreme Court of India · 2014-12-03

PROMOTERS & BUILDERS ASSN.OF PUNE vs STATE OF MAHARASHTRA .

Citation / case number
SC 2010/37171
Court
Supreme Court of India
Petitioner
PROMOTERS & BUILDERS ASSN.OF PUNE
Respondent
STATE OF MAHARASHTRA .
Author
R.K. AGRAWAL RANJAN GOGOI
Bench
R.K. AGRAWAL RANJAN GOGOI

Judgment text excerpt

The Supreme Court addressed the applicability of Section 48(7) of the Maharashtra Land Revenue Code, 1966, which penalizes unauthorized extraction of minerals. The Court held that excavation for building foundations, when part of sanctioned development plans under Section 31 of the Maharashtra Regional and Town Planning Act, 1966, does not constitute unlawful mining. Consequently, the penalties imposed on builders and the Nuclear Power Corporation were set aside, affirming that their activities were lawful under the relevant statutes.

PROMOTERS & BUILDERS ASSN.OF PUNE vs STATE OF MAHARASHTRA . · Niyam