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january 2015

Supreme Court of India · 2015-01-06

Nargis Jal Haradhvala vs State Of Maharashtra & Ors

Citation / case number
AIR 2015 SC (CIV) 1375
Court
Supreme Court of India
Petitioner
Nargis Jal Haradhvala
Respondent
State Of Maharashtra & Ors
Author
M.Y. Eqbal
Bench
Abhay Manohar Sapre, M.Y. Eqbal

Judgment text excerpt

The Supreme Court upheld the principle established in Shantistar Builders vs. N.K. Toitame, (1990) 1 SCC 520, that the quota of flats to be surrendered to Government nominees under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, should not exceed 5% of the total accommodation available. The Court found that the amendments made by the respondents to increase the quota to 10% were not in accordance with the law as laid down by the Apex Court. Consequently, the appeal was allowed, and the respondents were directed to adhere to the 5% limit for Government nominees as per the earlier judgment.

Nargis Jal Haradhvala vs State Of Maharashtra & Ors · Niyam