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S. V. GANGAPURWALA, SANDEEP V. MARNE
Classique Associates – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. These three Public Interest Litigations involve the issue of development of vast lands at Powai in Mumbai known as “Powai Area Development Scheme” (for short PADS). The constructions put up by the developer on these lands under PADS have been challenged in these three Public Interest Litigations praying inter alia for institution of inquiry in respect of Tripartite Agreement dated 19 November 1986 executed between State of Maharashtra, Mumbai Metropolitan Region Development Authority (MMRDA) and the developers.
2. Extensive interim order dated 22 February 2012 came to be passed in the present Public Interest Litigations holding that there was breach and non-compliance of the Tripartite Agreement by the developers. This court therefore proceeded to pass the following directions :
The court justified the delay in construction due to environmental clearances and other regulatory requirements, and granted the developers' prayers for extension of timelines and condonation of dela....
The court upheld the Developer's right to amend construction plans under the Maharashtra Ownership Flats Act, emphasizing the need to consider balance of convenience and irreparable injury in grantin....
Constructions raised in violation and disobedience of the interim orders of the court cannot be permitted to remain in existence. To uphold the majesty of law, the acts done by the petitioners in dis....
(1) Breach by planning authority of its obligation to ensure compliance with building regulations is actionable at instance of residents whose rights are infringed by violation of law. Their quality ....
Public interest litigations must avoid delay and vagueness in claims; authorities should handle illegal construction issues, with the courts exercising restraint in ongoing matters.
Contractual clauses that impose unfair obligations are unenforceable, and unreasonable delays in property possession warrant compensation.
The main legal point established in the judgment is the conditions for granting specific performance of a development agreement, including the need for a substantial interest in the performance of th....
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