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R. D. DHANUKA, M. G. SEWLIKAR
Kaalkaa Real Estates – Appellant
Versus
Municipal Corporation Of Gr. Mumbai – Respondent
JUDGMENT
1. This Writ Petition is filed by the Petitioners under Article 226 of the Constitution of India, for issuance of writ of mandamus for calling the papers and proceedings and setting aside the Rejection Letter dtd. 3/6/2022 and for issuance of writ of mandamus against refusal to grant permission to the application for retention dtd. 10/3/2022 or in the alternate prays for quashing and setting aside the order of rejection and for reconsideration of the application for retention afresh.
2. For the purpose of deciding the case, following facts are emerged : It is the case of the Petitioners that M/s. Artline Properties Pvt. Ltd. (for short "Artline") was the original owner of the land. The said Artline has been amalgamated and merged into the Petitioner Company on 18/10/2017. On the said plot bearing CTS no.997 and 997A of Village Juhu, FP No.25 of TPS Santactruz, Juhu Sector No.II at Juhu Tara Road, Santacruz (West), Mumai, a building was constructed by the said Artline. On 22/1/2013, the Municipal Corporation granted occupation certificate in respect of the said building constructed on the portion of the said land. The building was comprising of basement plus stilt plus 1st t
The main legal point established in the judgment is that unauthorized constructions and the absence of automatic sub-division of the plot led to the rejection of the Petitioners' application for rete....
A decision is vitiated by irrationality if the decision is so outrageous, that it is in defiance of all logic; when no person acting reasonably could possibly have taken the decision, having regard t....
The main legal point established in the judgment is the recognition of long-standing possession as a basis for protection and the emphasis on due process in property disputes.
The right to utilize additional FSI belongs to the property owner, and external agreements cannot restrict this right; authority must act within legal parameters without extraneous influences.
The main legal point established in the judgment is that the Corporation, as the Planning Authority, has the jurisdiction to consider the grant of building permission based on applicable Rules and Re....
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
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