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SUNIL B. SHUKRE, RAJESH S. PATIL
Ravindra D. Waikar – Appellant
Versus
Brihan Mumbai Municipal Corporation – Respondent
JUDGMENT :
1. This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners seeking therein to quash and set aside the impugned order dated 15 June 2023 passed by the Executive Engineer of Building Proposal (K-East Ward) of the Mumbai Municipal Corporation of Greater Mumbai (for short “Corporation”).
FACTUAL BACKGROUND:
2. The Petitioners claimed to be occupiers of a plot of land, bearing CTS No. 1 (pt) new CTS No. 1B and 1C of village Vyaravaly at Jogeshwari Vikroli Link Road, Jogeshwari (E) Mumbai, admeasuring about 8000 sq. mtrs. which was then owned by Mahal Pictures Limited (for short “the subject plot of land”). The subject plot of land was reserved in the Development Plan of 1991 (for short “DP 1991”) for the public purpose of “Recreation Ground.”
3. In the year 2002, the Mahal Pictures Pvt. Ltd. (Owners) and the Petitioners (Occupiers) of the subject plot of land had desired to develop the same under Regulation 9 Table 4 (4)(k) of the Development Control Regulations 1991 (for short “DCR 1991”) i.e. by using 0.15% FSI of the plot, on 33% of th
The main legal point established in the judgment is that under Section 20(2) of the Gujarat Town Planning and Urban Development Act, 1976, if the land is not acquired within the specified period, the....
Municipal authority validly approved the redevelopment of historical theatre land for commercial use, asserting no regulatory violation despite resident objections.
The court established that under Sec. 127 of the MRTP Act, a land reservation lapses if the planning authority fails to initiate acquisition proceedings within the specified time after a purchase not....
Owner of land is under obligation to develop or construct amenity on surrendered land at his cost and Planning Authority has to reciprocate the same by granting Additional FSI or Additional TDR.
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....
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 main legal point established in the judgment is the obligation of parties to comply with court directions and the serious consequences for non-compliance.
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