P. V. Kapur vs Union of India - 2020 Supreme(Del) 1267

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Del) 1267

S.MURALIDHAR, V.KAMESWAR RAO
P. V. Kapur – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
Petitioner In Person, Advocate, Sidhant Kapur, Advocate, Kaveri Gupta, Advocate, Jitender Panchal, Advocate, Anjana Gosain, Advocate, Shalini Nair, Advocate, Ravinder Sethi, Advocate, Sandeep Sethi, Advocate, Ateev Mathur, Advocate, Jagriti Ahuja, Advocate, Amol Sharma, Advocate, Kanika Agnihotri, Advocate, Arjun Rekhi, Advocate, Karanjot Singh Mainee, Advocate, Punit Bhalla, Advocate, Ajjay Arora, Advocate, Kapil Dutta, Advocate, Rajat Rajoria Singh, Advocate, Anuj Bhargava, Advocate, Nilesh Bijlani, Advocate, Santosh Tripathi, Advocate, Shashank Tiwari, Advocate, Ajay Verma, Advocate, Sandeep Gupta, Advocate, Mini Pushkarna, Advocate, Swagata Bhuyan, Advocate, Shiva Pandey, Advocate, Khushboo Nahar, Advocate, Ajjay Aroraa, Advocate, Sumit Bansal, Advocate, S. Anand, Advocate, Udaibir Singh, Advocate, Vishnushree, Advocate

Table of Content
1. master plans inadequately address residential conversions. (Para 1 , 2 , 3)
2. excessive commercial activity in residential areas leads to nuisance. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. amendments to land use regulations can violate residents' rights. (Para 12 , 13 , 14)
4. legal standing of the petition as a pil is justified. (Para 35 , 36 , 42)
5. court emphasizes the need for periodic review of mixed-use permissions. (Para 100 , 108 , 115 , 119)
6. court acknowledges community impact and encourages better regulation. (Para 121)

JUDGMENT

S. Muralidhar, J. - Introduction

1.1 These are four petitions which highlight the chaos resulting partly from the inadequate provisions, and partly the improper implementation, of the Master Plans for Delhi ("MPD"), both for 2001 and 2021. The particular focus in these petitions is on the "mixed use regulations" forming part of the MPD.

1.2 A common sight in many of Delhi''s residential colonies these days is one of congestion and the ubiquitous lack of "parking space" for vehicles of not just residents but also visitors. Increasingly, there is a gradual transformation of living spaces into commercial ones. What, to begin with, w

Click Here to Read the rest of this document

2020 Supreme(Del) 1267

S.MURALIDHAR, V.KAMESWAR RAOP. V. Kapur – AppellantVersusUnion of India – Respondent

Cases Referred (19)

S.MURALIDHAR, V.KAMESWAR RAO
P. V. Kapur – Appellant
Versus
Union of India – Respondent