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G. S. PATEL, KAMAL KHATA
Cosmos Constructions – Appellant
Versus
Municipal Corporation of the City of Thane – Respondent
JUDGMENT :
G.S. Patel, J.
1. Notice was issued for final disposal at the admission stage. There is an Affidavit in Reply. Hence, Rule, returnable forthwith.
2. We have heard Ms Druti Datar for the Petitioner and Mr Pitale for the sole Respondent, the Municipal Corporation of City of Thane.
3. The Thane Municipal Corporation (“TMC”) insists that a particular reservation continues on a tract of land that belongs to the Petitioner. When the Petitioner applied for a building or development permission, the TMC imposed a condition that the land reservation’s requirement must be met. This condition, styled as Condition No. 1, is said by the TMC to be a reservation for what is called MHADA Housing Site-A for a plot bearing Survey No. 59/A Hissa No. 2/G/2/1 and Gat No. 59/A Hissa No. 2/H situated at Chitalsar, Manpada, Taluka and District Thane. The Development Proposal is No. 2005/160. The Petition seeks that this condition be quashed. According to Ms Datar, this reservation does not subsist. It was deleted following a sanctioned modification to the Development Plan. The TMC cannot insist
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....
Public authorities are bound by promises made under policies causing reliance in citizens, and arbitrary retraction of these commitments violates constitutional principles.
The main legal point established in the judgment is that once land is released from reservation under section 127 of the MRTP Act, planning authorities have no jurisdiction to re-reserve the same sub....
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....
Important points:In exercise of the powers conferred by Section 7 of the Kerala Land Assignment Act, 1960 (Act 30 of 1960), and in supersession of the rules for assignment of Government lands issued ....
The construction of a permanent building on land reserved as open space without seeking prior permission from the competent authority is illegal.
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