Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Town Planning Maharashtra Regional and Town Planning Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Town Planning - Maharashtra Regional and Town Planning Act, 1966 - s. 37(1 AA) - Development Control Regulations (OCR) for Greater Mumbai, 1991 - OCR 57(4)(c), 16 and 64 - Change of land user- Conversion from industrial zone to residential/commercial zone - Proposed construction of residential-cum-commercial complex of appellant in the vicinity of the Refinery run by respondent no. 1 - Objections to the construction, from point of view of the safety and security of the refinery, and of the would-be occupants of the housing complex, as well as their health - High Court allowed writ petition filed by respondent no.1 and E quashed sanction accorded by the competent authority of the Municipal Corporation of Greater Mumbai for change of user and construction of residential and commercial complex and directed the Municipal Commissioner to reconsider the application of appellant keeping in view the objections raised by the Police Department, Ministry of Petroleum, Ministry of Environment and Intelligence Bureau and the Security Control Regulations - Propriety - Held (per majority): Proper - Respondent no. 1 could not be faulted for constructions permitted by respondent no.2-Municipal Corporation - Merely because some constructions were permitted at some distance G from the refinery of respondent no. 1, does not justify further high-rise constructions in the vicinity - Two wrongs do not make one right - Respondent no. 1 lodged their objections, and Municipal Authorities were required to consider the same but they did not - Public interest cannot be sacrificed at the altar of commercial interests - Security threat clearly placed on record, as also the possible danger to the health of the occupants of the buildings already constructed and to be constructed as well - No fault found with the judgment of High Court. |
Judge | Hon'ble Mr. Justice G.S. Singhvi Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2013 INSC 816 |
Petitioner | Oswal Agro Mills Ltd. |
Respondent | Hindustan Petroleum Corporation Ltd. And Others |
SCR | [2013] 17 S.C.R. 447 |
Judgement Date | 2013-12-10 |
Case Number | 10933 |
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