Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development Town Planning |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mumbai Municipal Corporation Act, 1888 (3 of 1888) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Urban Development: Town Planning - Allotment of area of 46,850 sq. yards for residential purpose out of total area 5,80,000 sq. yards allocated for development Scheme prepared by Development Authority – Layout prepared by the allottee for the area 46,850 sq. yard, by dividing the same into smaller plots and leaving certain area as open space, was approved by competent authority – In subsequent plan made by Development Authority for the entire development Scheme, the areas left as open spaces in allottee’s layout plan, was shown as residential area – Consequently construction allowed by Development Authority on the area initially left as open space – Writ petition (PIL) on the plea that the open spaces sanctioned in the layout plan cannot be used for construction – High Court allowed the petition – Appeal to Supreme Court – Held: The area left towards open spaces in the approved layout, were in conformity with the Regulation No. 39 of 1967 DCR and ss. 302 and 302A of Municipal Corporation Act – In an approved layout, areas left as open spaces are to be continued in that manner alone and no construction can be permitted on such open spaces – The development plan as per 1991 DCR will not divest utility of plots reserved for open spaces – Therefore, the open spaces in the approved layout cannot be allowed to be used for the purpose of construction – Maharashtra Municipal Corporation Act, 1888 – ss. 302 and 302 A. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 343 |
Petitioner | Anjuman E Shiate Ali & Anr. |
Respondent | Gulmohar Area Societies Welfare Group & Ors. Etc. |
SCR | [2020] 4 S.C.R. 706 |
Judgement Date | 2020-04-17 |
Case Number | 6216-6217 |
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