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S. V. GANGAPURWALA, SANDEEP V. MARNE
Kamlakar Motiram Satve – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
SANDEEP V.MARNE,J. - 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 dtd. 19/11/1986 executed between State of Maharashtra, Mumbai Metropolitan Region Development Authority (MMRDA) and the developers.
2. Extensive interim order dtd. 22/2/2012 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:
(a) The petitioners and the developer as also the Metropolitan Commissioner of the MMRDA shall prepare a statement of all the buildings and structures put up by the developer in the Powai ADS alongside their names and description and the numbers and area of the units/flats therein within 4 weeks from today.
(b) The petitioners, the developer and the Metropolitan Commissioner of the MMRDA shall pr
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....
(1) Delay - Section 73 of Contract Act, 1872 provides for compensation due to non-fulfilling of the obligations under the contract by one contracting party, if the other contracting party suffers fro....
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 that the respondent is bound to comply with the consent award and make payments under clause 21. The court also emphasized the obligation of the re....
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