SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2012 Supreme(Bom) 392

ROSHAN DALVI, MOHIT S.SHAH
Kamlakar Motiram Satve – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:S.G. Deshmukh, Ms. Sumedha Rao, Kiran Bhalerao, Advocates. For the Respondents:R9 & R10, S.G. Aney with D.D. Madon with Pradip Sancheti, Sr. Advocates with Suryakant Jadhav, K.K. Singhvi, Sr. Counsel for BMC, Ms. Kiran Bagalia, Ravi Kadam, Advocate General with D.A. Nalavade, GP, Advocates.

Judgment :

ROSHAN DALVI, J.


1. The aforesaid three PILs are largely similar arising out of the same set of facts. The petitioners have challenged the construction put up on 230 acres of Villages Powai and Tirandaz by respondents 9 and 10 (the developers). The conditions of grant for development of the said lands are contained in a tripartite agreement dated 19 November 1986 executed by and between the State of Maharashtra, Mumbai Metropolitan Regional Development Authority (MMRDA) and the developer on behalf of the initial landholders as their constituted attorney. The said grant was made for planning the development of the said two villages by MMRDA as the Planning Authority. Six agreements of lease also dated 19 November 1986 have been executed between MMRDA and the developers as the Constituted Attorney of the landholders. An order of exemption under Section 20 of the Urban Land (Ceiling and Regulations) Act (ULC Act) was made on 12 February 1987. The petitioners claim that the conditions mentioned in the tripartite agreement have been grossly breached and violated by the developer. The petitioners claim that consequently the exemption order under the ULC Act is required to be can


















































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top