Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Urban Development 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 | Others |
Headnote | Urban Development - Maharashtra Regional and Town Planning Act, 1966 - ss.44, 45, 47, 52 to 57 - Illegal and unauthorized construction made by developers/builders - Demolition order - Plea of flat buyers for regularization of construction - Held: By rejecting the prayer for regularization of the floors constructed in wanton violation of the sanctioned plan, the Deputy Chief Engineer of the Mumbai Municipal Corporation and the Appellate Authority demonstrated their determination to ensure planned development of the city - The 1966 Act does not mandate regularization of construction made without obtaining the required permission or in violation thereof - The 1963 Act too does not entitle the flat buyers to seek a mandamus for regularization of unauthorized/illegal construction - The 1991 Regulations also cannot be invoked for regularization of the disputed construction because the same were enforced much later - The flat buyers had entered into agreements with the developers/builders much before commencement of the construction - They were aware of the facts and had consciously occupied the flats illegally constructed by the developers/builders - No case made out for directing the respondents to regularize construction made in violation of the sanctioned plan - No authority administering municipal laws and other similar laws can encourage such violation - The Courts are also expected to refrain from exercising equitable jurisdiction for regularizationof illegal and unauthorized constructions - Flat buyers, however, free to avail appropriate remedy against the developers/builders - Mumbai Municipal Corporatio'n Act, 1888- ss.337, 351 and 354A - Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 - ss.2(c), 3(2), 4, 7(2) & 13 - Development Control Rules for Greater Mumbai, 1967 - Development Control Regulations for Greater Mumbai, 1991. |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 128 |
Petitioner | Esha Ekta Apartments Co-operative Housing Society Limited And Others |
Respondent | Municipal Corporation Of Mumbai And Others |
SCR | [2013] 4 S.C.R. 478 |
Judgement Date | 2013-02-27 |
Case Number | 7934 |
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