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G. S. PATEL, KAMAL KHATA
Atul Projects India Pvt. Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent
JUDGMENT :
G.S. PATEL, J.
1. Rule. The pleadings are complete. Rule is made returnable forthwith and the matter is taken up for hearing and final disposal.
2. The Writ Petition under Article 226 of the Constitution of India seeks the following reliefs:
(i) to quash the order No. CHE/51211/DPWS/H & K dated 21st September 2016 at Exhibit-CC.
(ii) to forthwith sanction Petitioners plans for development of the said plot inter-alia modifying the computation of Amenity space by adjusting D.P. Road area of against total Amenity space areas as provided in DC Regulation 57(4)(c)(ii) and Note in respect of D.P. Road and make all consequential changes and grant all consequential benefits including TDR to the Petitioners.
(iii) to forthwith sanction Petitioners’ proposal by modifying computation of Amenity Space by adjusting D.P. Road Area against total Amenity space area
Zoning regulations under the Maharashtra Regional Town Planning Act are valid, and the state's discretion in zoning decisions is not subject to judicial review unless statutory violations occur.
The discretion of the sanctioning authority under the MRTP Act must be upheld, and not every objection must be accepted. Public participation in the planning process is essential, and individual conc....
The main legal point established in the judgment is the interpretation and applicability of the new Development Control Rules (DC Rules) to the Petitioners' proposals for development and the sanction....
The right to Transferable Development Rights (TDR) for constructed amenities accrues at the time of land surrender, and amendments to regulations do not apply retrospectively, ensuring compensation r....
Plot under development/redevelopment affected due to Nalla, Nallah/river buffer, road widening, height restriction due to statutory restriction as per these Regulations such as railway buffer, height....
The court upheld the DDA's authority to allot land for a Gurudwara, finding no evidence that the land was designated as a green area, thus dismissing the writ petition.
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