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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
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