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G. S. PATEL, KAMAL KHATA
Sheth Developers Pvt Ltd – Appellant
Versus
Municipal Corporation of City of Thane – Respondent
| Table of Content |
|---|
| 1. background on the buy-back policy disputed. (Para 3 , 4 , 5 , 6) |
| 2. actions of tmc regarding buy-back policy. (Para 12 , 14 , 19) |
| 3. assert the doctrine of promissory estoppel preventing tmc from acting arbitrarily. (Para 17 , 26 , 29 , 35 , 51 , 53) |
| 4. court's observations on government assurances. (Para 21 , 22 , 30 , 55) |
| 5. discusses the procedural obligations of tmc in administrative law. (Para 25) |
| 6. legal doctrines of promissory estoppel and legitimate expectations. (Para 28 , 39 , 54) |
| 7. final ruling on the case. (Para 56 , 57) |
JUDGMENT/ORDER
G.S.PATEL, J. - Rule. by consent returnable forthwith.
2. There is an Affidavit in Reply on behalf of Respondents Nos 1 to 3, the Thane Municipal Corporation ("TMC").
3. The dispute pertains to the decision of the TMC to purportedly keep in "abeyance" its proclaimed Buy-Back Policy ("BBP"). This was a policy for the buy-back of lands acquired under Development Control Regulations ("DCR") and of plots reserved under the sanctioned Development Plan ("DP") for public use. The policy was always subject to certain terms and conditions.
4. This Petition under Article 226 of the Constitution of India assails not only the general dir
The main legal point established in the judgment is the binding nature of promissory estoppel on the Municipal Corporation of Greater Mumbai (MCGM) and the invocation of legitimate expectations to co....
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 court held that the Corporation of Kozhikode's decision to sell a portion of the property acquired for public road to respondents 3 to 5 was not tainted with malafides and was in accordance with ....
The doctrine of proportionality and reasonableness applies to judicial review of administrative action, guiding the assessment of infringement and the proportionality of the official decision.
Review jurisdiction is limited to correcting apparent errors and cannot serve as an appeal; land reserved for public purposes under the prior act remains non-alienable unless specific actions under t....
Notification permitting 75% TDR utilisation via premium payment upheld; complies with MRTP Act procedure, within rule-making powers under Section 22(m), not ultra vires or manifestly arbitrary, addre....
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