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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Urban Development: Town Planning — Running of Diagnostic Centre (Pathological Lab) in the residential area ~ Permissibility — Pathological lab on the basement, ground floor, first floorand mezzanine floor of the building — Writ petition by the appellant (the resident on the second floor of the building) against the owners of the Lab and the authorities concerned — During pendency of the petition, regularisation Certificate issued on 11.7.2006 to the owners by Municipal Corporation under Mixed Land Use for running the lab — Appellant filed fresh Writ Petition challenging the Regularization Certificate — Petition dismissed by Single Judge of High Court — Order of Single Judge confirmed in LPA by Division Bench of High Court —- On appeal, held: Regularization Certificate under Mixed Use Regulations of the Master Plan Delhi 2021 giving retrospective effect was granted, even before the Plan came into force — The Certificate was also contradictory to the Mixed Use Regulations under the Master Plan 2001 ~ Thus the Certificate was impermissible not only in law but also because it was granted without seeking permission from the High Court during the pendency of the earlier Writ Petition -— Running of the Lab has led to omission of hazardous substances affecting human beings, plants, micro organisms, and other living creatures — It has also resulted in water and noise pollution — There is blatant violation of the provisions of building bye-laws of MCD in using the building for the |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 242 |
Petitioner | Anirudh Kumar |
Respondent | Municipal Corporation Of Delhi & Ors. |
SCR | [2015] 5 S.C.R. 918 |
Judgement Date | 2015-03-20 |
Case Number | 8284 |
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