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Maharashtra Regional and Town Planning Act, 1966

168 judgments · newest first · showing 1–168

PANJAB PRAKASHRAO PATIL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioners filed a public interest litigation seeking to quash a 2015 communication that declared the reservation of certain lands in Hingoli for public amenities to have lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The respondents argued that a purchase …

OMPRAKASH BABURAO JANTREversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioners challenged notices dated 29‑12‑2018 and 10‑01‑2019 issued by the Chief Officer of the Municipal Council, Kallam, under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. They alleged that the notices were served without affording them an opportunity of hearing, …

LIMBAJI LAXMAN JADHAVversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioners challenged notices dated 29‑12‑2018 and 10‑01‑2019 issued by the Chief Officer of the Municipal Council, Kallam, under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. They contended that the notices were served without affording them a prior opportunity of …

PANJAB PRAKASHRAO PATIL AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioners filed a public interest litigation seeking to quash a 2015 communication by the Maharashtra Urban Development Department that declared the reservation of certain lands in Hingoli district to have lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and to …

PRASHANT PRABHAKAR GAVALIversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioners challenged notices dated 29‑12‑2018 and 10‑01‑2019 issued by the Chief Officer of the Municipal Council, Kallam, under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. They alleged that the notices were served without affording them a chance to be heard, …

TUKARAM BHANUDAS MULEversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioners challenged notices dated 29‑12‑2018 and 10‑01‑2019 issued by the Chief Officer of the Municipal Council, Kallam, under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966, alleging that they were served without any opportunity of being heard. The petitioners …

MOHANLAL ARJUNDAS SHAMNANIversusTHE STATE OF MAHARASHTRA AND ORS

DISPOSED OFF

Mohanlal Arjundas Shamnani filed a contempt petition against the State of Maharashtra alleging non‑compliance with a court order to submit the Revised Development Plan. The court had directed Respondent No. 4 to submit the plan to the State Government for sanction. The Additional Government Pleader …

SUDHAKAR RAMRAO PATILversusTHE STATE OF MAHARASHTRA AND OTHERS

DISPOSED OFF

The petitioner, Sudhakar Ramrao Patil, filed a writ petition challenging two notices dated 29-12-2018 issued by the Chief Officer of the Municipal Council, Kallam, under Section 53(1) of the Maharashtra Regional and Town Planning Act, 1966. He contended that the notices were served without affording …

THE STATE OF MAHARASHTRA AND ANOTHERversusPURUSHOTTAMDAS GULABDAS SHAH

DISPOSED OFF

The High Court of Bombay heard two first appeals and two cross‑objections arising from the same land acquisition for the New Aurangabad development scheme. The claimants sought enhanced compensation beyond the original award of Rs.7,500 per acre, and the acquiring body (CIDCO) challenged the …

SONALI NITIN LODHAversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

DISPOSED OFF

The petitioner, Sonali Nitin Lodha, filed a writ petition challenging two notices issued by Respondent No. 3 under Section 54 of the Maharashtra Regional and Town Planning Act, 1966. The petitioner argued that the notices, dated 03‑08‑2025 and 29‑04‑2026, were vague and failed to provide any …

PURUSHOTTAMDAS GULABDAS SHAHversusTHE STATE OF MAHARASHTRA AND ANOTHER

PARTLY ALLOWED AND PARTLY DISMISSED

The claimants' lands in Aurangabad were acquired by CIDCO in 1980 for the New Aurangabad project, with an initial compensation of Rs.7,500 per acre. The claimants protested and obtained a reference which enhanced the market value to Rs.23,000 per acre, but further disputes arose because portions of …

M/S SHETHIA ASSOCIATES AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.

Allowed

The petitioners, Shethia Associates and Ashok Savani, filed a writ under Article 227 of the Constitution and Section 482 of the CrPC (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita) seeking to quash a criminal process issued under Section 418 of the IPC against them in a redevelopment …

SEAVIEW RESIDENCY COOPERATIVE HOUSING SOCIETY LTD.versusSANDEEP S. THAKUR

Disposed Off

The petitioner, a Navi Mumbai resident, filed a PIL under Article 226 seeking a writ of mandamus to quash development permissions granted by the State of Maharashtra and the Navi Mumbai Municipal Corporation (NMMC) to Respondent Nos. 3 to 7 co-operative housing societies, contending that Regulation …

MR PRADEEP MOTUMAL KARAMCHANDANIversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The appellants, owners of shops in Khar Seven Stars Co‑op Housing Society, challenged demolition notices issued by the Municipal Corporation of Greater Mumbai (MCGM) under Section 53(1) of the Maharashtra Regional and Town Planning Act. The City Civil Court dismissed their notice of motions and …

MR PRADEEP MOTUMAL KARAMCHANDANIversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Disposed Off

The appellants, owners of shops in Khar Seven Stars Co‑op Housing Society, challenged demolition notices issued by the Municipal Corporation of Greater Mumbai (MCGM) under Section 53(1) of the Maharashtra Regional and Town Planning Act. The trial court dismissed their notice of motion and refused …

Sanjeev MittalversusState of Maharashtra

Disposed Off

Petitioner Sanjeev Mittal filed a writ petition seeking an order directing Thane Municipal Corporation (TMC) to remove an alleged unauthorized encroachment by a private person in the common areas of a building, invoking the Maharashtra Regional and Town Planning Act, 1966. The Division Bench of the …

DEVI CONSTRUCTION LLPversusSTATE OF MAHARASHTRA AND ORS

Disposed Off

The petitioners, owners of a 2.10‑hectare plot in Vadgaon, challenged the rejection of their purchase notice filed under Section 49 of the Maharashtra Regional and Town Planning Act, 1966. The Draft Development Plan had reserved part of the land for a garden, prompting the petitioners to serve a …

KAKAD CO-OP HSG. SOC. LTD AND ORS.versusMURZBAN NUSSERWANJI KHARIWALA AND ORS.

Disposed Off

The applicants, who were original defendants in a suit filed by Kakad Co‑operative Housing Society Ltd., sought a civil revision under Section 115 of the CPC to set aside the City Civil Court’s order rejecting their Order VII‑Rule 11 application that the suit should be dismissed as barred. The suit …

WHITE ORCHID CO-OPERATIVE HOUSING SOCIETY LIMITEDversusMURZBAN NUSSERWANJI KHARIWALA

Disposed Off

The applicants, who were original defendants in a suit filed by Kakad Co‑operative Housing Society Ltd., sought a civil revision under Section 115 of the CPC to set aside the City Civil Court’s order rejecting their Order VII‑Rule 11 application that the suit should be dismissed as barred. The suit …

AMOGH NANDKUMAR KULKARNIversusKARJAT MUNICIPAL COUNCIL AND ORS

Disposed Off

The petitioner sought a writ of mandamus directing the Karjat Municipal Council and other respondents to demolish illegal construction on Excluded Part (EP) 31, execute a release deed, provide a road, and set up a garden as per the Development Plan. The court noted that the Municipal Council had …

ANAND RAMCHANDRA PATILversusTHE STATE OF MAHARASHTRA

Disposed Off

Anand Ramchandra Patil, a builder, was charged under IPC sections 420, 465, 467, 468, 471 and MRTP Act sections 52, 53, 54 for constructing an illegal four‑storey building in partnership with Hitesh Thakur (A4) and landowner Pandharinath Gawand. The agreement stipulated a 60:40 profit share, but …

ASHOK R. DUDWADKARversusSTATE OF MAHARASHTRA THROUGH GOVT.PLEADER

DISPOSED OFF

The petitioner filed a writ petition seeking quash of a notice issued under Sections 89 and 90 of the Maharashtra Regional and Town Planning Act, 1966, after being allotted Flat No.2108 in a rehabilitation scheme. Subsequent developments showed that the petitioner was confirmed as eligible for the …

KRISHNA NARAYAN VETALversusMUNICIPAL CORPORATION OF GR. MUMBAI

DISPOSED OFF

The petitioner, Krishna Narayan Vetal, filed a writ petition seeking a writ of certiorari or mandamus directing the Municipal Corporation of Greater Mumbai to initiate action against three respondents for alleged illegal construction and to demolish the structures. The petitioner alleged that …

MANEKA CO-OPERATIVE HOUSING SOCIETYversusSTATE OF MAHARASHTRA AND ORS.

Allowed

The Bombay High Court heard a writ petition filed by Maneka Co‑Operative Housing Society seeking a Transferable Development Right (TDR) for land acquired in 1984‑85. The Society had complied with the conditions of Development Control Regulation N‑2.4.17, handed over possession to the Pune Municipal …

SHANKAR GULAB PATHAREversusTHE SPECIAL LAND ACQUITION OFFICER AND ORS

Disposed Off

The petitioners challenged the award of land acquisition by the Special Land Acquisition Officer, seeking compensation in the form of Transferable Development Rights (TDR) instead of monetary payment. The Municipal Corporation had already deposited the monetary compensation with the SLAO. The Court …

NIRMALA RUPCHANDRA GHATAWAT AND ORSversusCOLLECTOR OF PALGHAR AND ORS

Disposed Off

The petitioners, a group of women, purchased a former Gram Panchayat house and, relying on a No‑Objection Certificate from the village panchayat, erected 54 tin sheds. The Tahsildar of Palghar issued a notice and an order on 3 February 2026 directing removal of the sheds, alleging lack of permission …

BIPIN D. MARUversusTHE STATE OF MAHARASHTRA THRO. ITS SECRETARY

Disposed Off

The petitioner, Bipin D. Maru, filed a writ petition challenging the inaction of the Maharashtra Regional and Town Planning Authority (Respondent No.1) in deciding an interim application filed alongside an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. The …

PRAKASH SOPAN KATEversusTHE STATE OF MAHARASHTRA AND ORS

Disposed Off

The petitioner, owner of three parcels of land in Village Dapodi, claimed that the reservation of his land in the Pune Municipal Corporation development plan had lapsed after more than ten years without acquisition, invoking Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The …

SHANTARAM SADABA WAGHMAREversusTHE PUNE MUNICIPAL CORPORATION THRU ENGINEER

Disposed Off

The petitioner, a lessee of a property under 999‑year lease deeds dated 1986 and 2003, challenged a notice issued under Section 53(1)(a) of the Maharashtra Regional and Town Planning Act, 1966 that demanded demolition of a compound wall and removal of alleged encroachment. The petitioner sought …

VIBHA AMIT GUPTAversusMAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION

Disposed Off

The Maharashtra Industrial Development Corporation (MIDC) sought revision of a Civil Judge's order that rejected its application to dismiss a suit filed by Shivam Govendra Singh challenging two notices issued under the Maharashtra Regional and Town Planning Act, 1966. The plaintiff alleged the …

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATIONversusMR. SHIVAM GOVENDRA SINGH

Disposed Off

The Maharashtra Industrial Development Corporation (MIDC) sought revision of a Civil Judge's order that rejected its application to dismiss a suit filed by Shivam Govendra Singh challenging two notices issued under the Maharashtra Regional and Town Planning Act, 1966. The plaintiff alleged the …

SOHAIL RAIMANversusMUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY (MMRDA)

Disposed Off

The appellants, owners of 24 flats in the Universal Garden building, challenged a notice issued by MMRDA under Section 55 of the Maharashtra Regional and Town Planning Act, 1966 alleging unauthorized enclosure of balconies. They sought interim relief to prevent removal of the structures, claiming …

MOHAMMED PARVEZversusMUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY (MMRDA)

Disposed Off

The appellants, owners of 24 flats in the Universal Garden building, challenged a notice issued by MMRDA under Section 55 of the Maharashtra Regional and Town Planning Act, 1966 alleging unauthorized enclosure of balconies. They sought interim relief to prevent removal of the structures, claiming …

KATHIRVEL ELYAPANNADIversusMUNICIPAL CORPORATION OF GREATER BOMBAY

Dismissed

The Municipal Corporation of Greater Bombay appealed a City Civil Court order that held a demolition notice issued under Section 55 of the Maharashtra Regional and Town Planning Act, 1966, to be illegal and allowed the plaintiff to reconstruct the demolished premises at his own cost. After the …

RAJNARAYAN YADAVversusTHANE MUNICIPAL CORPORATION THRU. COMMISSIONER AND ORS

Disposed Off

The petitioner filed a representation on 9 January 2026 alleging unauthorized construction, seeking judicial intervention. The Thane Municipal Corporation contended that it had previously issued notices under Sections 52 and 53 of the Maharashtra Regional and Town Planning Act, 1966, but no further …

ACME HOUSING INDIA PVT LTD AND ANRversusSTATE OF MAHARASHTRA AND ORS

Allowed

Acme Housing India Pvt. Ltd. and its director sought a declaration that the Urban Land (Ceiling and Regulation) Act, 1976 no longer applied to their 54,500 sq m of land in Thane, the deletion of a mutation entry (No. 1125) that recorded an exemption under Section 20 of that Act, and the quashing of …

ROHAN VIJAY NAHAR & ORS.versusTHE STATE OF MAHARASHTRA & ORS.

2025 INSC 1296Appeal(s) allowed

The appellants, private landowners in Maharashtra, challenged revenue annotations and mutation entries that labelled their lands as private forests and vested in the State, arguing that the statutory requirements for acquisition were not fulfilled. The State contended that notices issued under …

KUKREJA CONSTRUCTION COMPANY & OTHERSversusSTATE OF MAHARASHTRA & OTHERS

2024 INSC 692

The appellants, owners of land reserved for Development Plan Roads under the Maharashtra Regional and Town Planning Act, constructed the roads at their own cost, surrendered the land to the Mumbai Municipal Corporation and were granted 25% transferable development rights (TDR). They later claimed …

KAZI AKILODDINversusSTATE OF MAHARASHTRA & ORS.

2024 INSC 505

The appellant, owner of a 1.25‑lac‑sq‑ft land in Akola, challenged the award of compensation for land acquired under the Land Acquisition Act, 1894 for a flood‑protection wall, contending that the land was not wholly within the statutory ‘Blue Zone’ and that the market value should be based on …

SAYUNKTA SANGARSH SAMITI & ANRversusTHE STATE OF MAHARASHTRA & ORS.

2023 INSC 1080Dismissed

The case concerned a slum rehabilitation project in Lower Parel, Mumbai, where a developer and a minority group of hutment dwellers (Sayunkta Sangharsh Samiti) entered into a private Memorandum of Understanding (MoU) to allocate flats in towers D, E and F exclusively to the society members, …

SHIRDI NAGAR PANCHAYATversusKISHOR SHARAD BORAWAKE AND OTHERS

2023 INSC 851Appeal(s) allowed

The Supreme Court examined appeals filed by Shirdi Nagar Panchayat against landowners and plot holders who challenged a 2004 government notification converting a green zone into a residential zone, which required the municipal council to receive 10% of the land as open space and another 10% as …

SHRI NASHIK PANCHAVATI PANJARPOL TRUST AND ORS.versusTHE CHAIRMAN AND ANR.

2023 INSC 750Appeal(s) allowed

The appellant‑trust owned lands in Nashik that were acquired by the Agricultural Produce Market Committee under the Land Acquisition Act, 1894. An award under Section 11 was made on 12 January 1996, but the parties entered into consent terms on 20 October 1997, agreeing that the market value would …

LAXMIKANT & ORS.versusSTATE OF MAHARASHTRA & ORS.

2022 INSC 336Appeal(s) allowed

The appellants owned land that had been reserved for a playground in a Development Plan published in 2002 under the Maharashtra Regional and Town Planning Act, 1966. After the statutory ten‑year period elapsed, they served a notice under Section 127 seeking acquisition, but the authorities failed to …

HARI KRISHNA MANDIR TRUSTversusSTATE OF MAHARASHTRA AND OTHERS

2020 INSC 482Appeal(s) allowed

The Hari Krishna Mandir Trust, holding Plot No.473‑B3 and an adjoining private road, sought correction of a Town Planning Scheme that erroneously recorded the road as owned by Pune Municipal Corporation (PMC). The High Court dismissed the trust's writ petition, holding that the land had vested in …

MOHANDAS AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

2020 INSC 105Dismissed

The appellants, owners of several plots in Gondia, challenged the reservation of their land for a shopping complex and vegetable market under the Maharashtra Regional and Town Planning Act, 1966. The original Development Plan came into force on 24‑08‑1984, and a declaration under Section 126(4) was …

SHREE RAM URBAN INFRASTRUCTURE LTD. & ANR.versusSTATE OF MAHARASHTRA & ORS.

2019 INSC 1188Disposed off

Shree Ram Urban Infrastructure Ltd (SRUIL) obtained development permission and a commencement certificate for a residential tower and a public parking lot (PPL) under the Maharashtra Regional and Town Planning Act, 1966 and the 1991 Development Control Regulations (DCR). SRUIL constructed the PPL up …

ASSOCIATES THROUGH ITS PARTNERversusTHE STATE OF MAHARASHTRA AND ORS.

2019 INSC 961Appeal(s) allowed

Balaji Associates, a partnership firm, owned land in Morshi that was reserved for a shopping centre and garden under the final development plan effective from 01‑09‑2005. After the ten‑year period elapsed, the firm served a first notice on 13‑07‑2015 and a second notice on 31‑08‑2015 under Section …

SAMPADA YOGESH WAGHDHAREversusTHE STATE OF MAHARASHTRA & ORS.

2019 INSC 554Dismissed

Sampada Yogesh Waghdhare, elected Municipal Councillor and later President, was disqualified under Section 44(1)(e) of the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965 because her husband constructed illegal structures, including temporary ones. She challenged the …

VIJAY MAHADEORAO KUBADEversusSTATE OF MAHARASHTRA THROUGH THE COLLECTOR

2018 INSC 584Disposed off

The appellant owned land that was acquired by the state and an award was passed on 30‑11‑1987. A notice under Section 12(2) of the Land Acquisition Act was sent on 04‑12‑1987 but the award itself was not attached. The appellant received a certified copy of the award only on 03‑02‑1988 and filed a …

SAYYED RATANBHAI SAYEED (D) TH. LRS. & ORS.versusSHIRDI NAGAR PANCHAYAT & ANR.

2016 INSC 197Dismissed

The appellants, small‑scale shopkeepers near the Shirdi Sai Baba shrine, had a 1979 compromise decree granting them rehabilitation on their occupied plots. Subsequent town‑planning, development‑plan and highway‑control‑line notifications rendered the decree practically impossible to execute, …

RAJENDRA SHANKAR SHUKLA & ORS. ETC.versusSTATE OF CHHATTISGARH & OR$. ETC

2015 INSC 532Appeal(s) allowed

The appellants, landowners in five villages of Raipur district, challenged the Kamal Vihar Township Development Scheme (KVTDS) prepared by the Raipur Development Authority (RDA) under the Madhya Pradesh Nagar Thatha Gram Nivesh Adhiniyam, 1973. They alleged that the scheme was formulated without the …

BALASAHEB ARJUN TORBOLE & ORS.versusTHE ADMINISTRATOR & DIVISIONAL COMMISSIONER

2015 INSC 280Dismissed

The appellants, residents of slums on privately owned plots in Kurla, challenged the approval of a slum rehabilitation scheme that treated their private plots together with adjoining municipal plots as a single slum area. They argued that the authorities wrongly clubbed the lands, that consent of …

KRIPA MANGAL KARYALAYA & ORS.versusNAGPUR MUNICIPAL CORPORATION & ORS.

2015 INSC 109Appeal(s) allowed

The Nagpur Improvement Trust (NIT) gifted land to the public trust Gorakshan Sabha, which later leased it to Kripa Mangal Karyalaya. The Nagpur Municipal Corporation (NMC) granted building permits for structures on the land, which respondents 5 and 6 challenged through a public interest litigation …

HASMUKHRAI V MEHTAversusSTATE OF MAHARASHTRA AND OTHERS

2014 INSC 828Appeal(s) allowed

The appellant, Hasmukhrai Mehta, owned land in Village Sheel, Raigad, which was originally included in a 1977 residential development plan. In 1999 the land was re‑designated for an Agricultural Produce Market Yard and a truck terminal, and the appellant served a purchase notice under Section 49 of …

PROMOTERS AND BUILDERS ASSOCIATION OF PUNEversusTHE STATE OF MAHARASHTRA & ORS.

2014 INSC 830Appeal(s) allowed

The Promoters and Builders Association of Pune and the Nuclear Power Corporation excavated ordinary earth – the former for building foundations and the latter for widening a sea‑water intake channel – and were penalised under Section 48(7) of the Maharashtra Land Revenue Code, 1966 for allegedly …

PRAFULLA C. DAVE & ORS.versusMUNICIPAL COMMISSIONER & ORS.

2014 INSC 827Dismissed

The appellants owned land that had been reserved for a public garden under a development plan notified in 1966 and continued under a revised plan in 1987. They served a notice under Section 127 of the Maharashtra Regional and Town Planning Act in 1989, seeking acquisition, but the notice was issued …

PUNE MUNICIPAL CORPORATION & ANR.versusKAUSARBAG COOP. HOUSING SOCIETY LTD. & ANR.

2014 INSC 697Dismissed

The case concerned a claim by Kausarbag Cooperative Housing Society Ltd. for Transferable Development Rights (TDR) on a 3.5‑acre parcel that had been acquired by the State under the Land Acquisition Act, 1894 and shown as an existing garden in the development plan. The Society argued that under …

BHUSAWAL MUNICIPAL COUNCILversusNIVRUTTI RAMCHANDRA PHALAK & ORS.

2013 INSC 844Dismissed

The Bhusawal Municipal Council acquired 4.25 acres of agricultural land under the Maharashtra Regional and Town Planning Act, 1966 and the Land Acquisition Act, 1894 to build a primary school. After paying the initial compensation awarded under Section 11, the respondents obtained a reference court …

MIS PRP EXPORTS & ETC.versusTHE CHIEF SECRETARY, GOVERNMENT OF TAMIL

2013 INSC 834Disposed off

The Municipal Corporation of Greater Mumbai (MCGM) issued a circular limiting the height of a public parking lot (PPL) to ground plus four upper floors, which conflicted with the developer Kohinoor's plan for a 13‑storey PPL. After a series of writ petitions, stop‑work notices and a settlement, the …

OSWAL AGRO MILLS LTD.versusHINDUSTAN PETROLEUM CORPORATION LTD. AND OTHERS

2013 INSC 816Dismissed

Oswal Agro Mills Ltd. obtained permission from the Municipal Corporation of Greater Mumbai to convert a plot in a Special Industrial Zone to a residential‑commercial complex adjacent to Hindustan Petroleum Corporation Ltd.'s (HPCL) refinery. HPCL objected, citing safety, security and health risks, …

M/S MUTHA ASSOCIATES AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2013 INSC 433Disposed off

The case concerned the acquisition of land in Pune for the extension of the Agricultural Produce Market Committee (APMC) market yard, designated for a "Bamboo Trade and Flea Market". The land owners and Mutha Associates failed to object during the planning and acquisition stages and only challenged …

JAYESH DHANESH GORAGANDHIversusMUNICIPAL CORPORATION OF GREATER MUMBAI & ORS.

2012 INSC 566Dismissed

The appellants, heirs of a plot of land in Borivali, challenged the reservation of their land for a municipal office under a Town Planning Scheme prepared under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the scheme was finalized, an arbitrator determined compensation, …

SHRI GIRISH VYAS & ANR. .versusTHE STATE OF MAHARASHTRA & ORS.

2011 INSC 756Disposed off

The case concerned a 3,450‑sq‑metre plot (FP No.110) in Pune that was originally reserved for a garden and later for a primary school under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After the land was acquired, the developer, who was the son‑in‑law of the then Chief Minister, …

MIG CRICKET CLUBversusABHINAV SAHAKAR EDUCATION SOCIETY AND ORS.

2011 INSC 648Disposed off

The case concerned a dispute over the user of a 7,224‑sq‑yd plot in Mumbai leased to Abhinav Sahakar Education Society for a school, which the Municipal Corporation had originally earmarked as a playground in the draft development plan. The State Government later modified the plan, first by a 1985 …

PRAGATI MAHILA MANDAL, NANDEDversusMUNICIPAL COUNCIL, NANDED AND ORS.

2011 INSC 140Appeal(s) allowed

Pragati Mahila Mandal, a charitable trust, was allotted a 60‑year lease of a plot by Nanded Municipal Council to start a school for girls. Unable to fund the school, it instead operated a hostel for girls and working women on a no‑profit basis. A public‑interest writ petition filed by Anil …

GIRNAR TRADERSversusSTATE OF MAHARASHTRA AND ORS.

2011 INSC 26Reference answered

The case concerned a parcel of land in Jalgaon reserved for a development plan under the Maharashtra Regional and Town Planning (MRTP) Act, 1966. The appellant claimed that the State Government and Municipal Council failed to acquire the land within the time limits prescribed by the MRTP Act and …

NAHALCHAND LALOOCHAND PVT. LTD.versusPANCHALI CO-OPERATIVE HOUSING SOCIETY LTD.

2010 INSC 563Dismissed

The promoter, Nahalchand Laloochand Pvt. Ltd., developed a building and sold flats to members of Panchali Co‑operative Housing Society Ltd., asserting a right to sell 25 stilt parking spaces as separate units. The society contended that the promoter could not sell those spaces because they were not …

TATA MOTORS LTD.versusTALATHI OF VILLAGE CHIKHALI AND ORS.

2010 INSC 344Dismissed

Tata Motors obtained a 99‑year lease of unalienated land from the Pimpri‑Chinchwad New Town Development Authority (the Development Authority) in 1995 and began industrial use in 1999. The state revenue authority issued demand notices for non‑agricultural cess for the period 1995‑96 to 2001‑02, which …

PRANITA POWERLOOM COOP. SOC. LTD.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 526Appeal(s) allowed

The petitioners, a group of cooperative societies including Pranita Powerloom Co‑op. Society, sought acquisition of land for an industrial estate. The State cancelled the acquisition order on 30‑08‑2005 for non‑compliance with statutory requirements. The Bombay High Court, ignoring several …

M/S. JOY AUTO WORKS & ORSversusSUMER BUILDERS (P) LTD. & ANR.

2009 INSC 455Appeal(s) allowed

The appellants, owners of Plot No.878 and a portion of Plot No.879 in Mumbai, relied on a motorable access through Plot No.879 to reach their land, as no other road existed. After the respondent acquired the remaining part of Plot No.879, it obstructed this access, prompting the appellants to seek a …

GODREJ & BOYCE MANUFACTURING CO.LTD.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 111Case Allowed

The appellants, owners of plots reserved for roads, voluntarily surrendered their land and constructed the required roads at their own cost. They claimed that, under the Maharashtra Regional and Town Planning Act and the Development Control Regulations, they were entitled to additional Floor Space …

PRAMILA SUMANSINGH THAKURversusSTATE OF MAHARASHTRA & ORS.

2008 INSC 1505Dismissed

The appellant, a developer, sought a No‑Objection Certificate (NOC) for a composite slum‑rehabilitation scheme covering two plots, one of which (Plot 559) was reserved for recreational use. The Slum Rehabilitation Authority rejected her application, stating it was deficient and that Annexure‑II for …

PRAKASH R. GUPTAversusLONAVALA MUNICIPAL COUNCIL & ORS.

2008 INSC 1377Appeal(s) allowed

The appellant, owner of land reserved for a college under a development plan, sought release of the land after the college was disaffiliated. The land had not been acquired within the ten‑year period prescribed by Section 127 of the Maharashtra Regional and Town Planning Act, 1966, nor were any …

JAYANT ACHYUT SATHEversusJOSEPH BAIN DSOUZA AND ORS.

2008 INSC 1014Appeal(s) allowed

The petitioners filed a writ petition challenging the amendment of Regulation 33(7) of the Development Control Regulations, 1991 (Greater Mumbai), alleging that it was being misused to demolish privately owned, sound pre‑1940 buildings and that the regulation imposed unreasonable side‑space …

SURESH EST ATES PVT. LTD. & ORS.versusMUNICIPAL CORP. OF GREATER MUMBAI & ORS.

2007 INSC 1300Case Partly allowed

The appellants, owners of an 8,983 sq.m. plot in Mumbai, sought permission to develop a luxury hotel with additional floor space index (FSI) under Rule 10(2) of the Development Control Rules, 1967. The land fell within Coastal Regulation Zone (CRZ) II as per the 19 February 1991 notification issued …

M/S. GIRNAR TRADERSversusST ATE OF MAHARASHTRA AND ORS.

2007 INSC 866Disposed off

The Supreme Court examined whether the Municipal Corporation of Greater Mumbai had taken the statutory "steps" required under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act to commence acquisition of land reserved for a public purpose, after the appellants served a purchase …

AMEY CO-OP. HOUSING SOCIETY LTD.versusPUBLIC CONCERN FOR GOVERNANCE TRUST AND ORS.

2007 INSC 92Disposed off

The Public Concern for Governance Trust filed a public interest litigation challenging the allotment of six residential plots in Navi Mumbai to cooperative societies that were alleged to be dummy entities set up by Vijay Associates (Wadhwa) Developers. The Bombay High Court quashed the allotments, …

STATE OF MAHARASHTRAversusPUBLIC CONCERN FOR GOVERNANCE TRUST AND ORS.

2007 INSC 8Disposed off

The State of Maharashtra appealed to the Supreme Court seeking expunction of adverse remarks made by the Bombay High Court against the then Chief Minister and the Managing Director of CIDCO, who were not parties to the proceedings. The High Court had interpreted the Chief Minister's notation "please …

JAYANT ACHYUT SATHEversusJOSEPH BAIN DSOUZA AND ORS.

2006 INSC 434

The Supreme Court heard a group of appeals challenging the Bombay High Court's handling of a public interest litigation that questioned the legality of Regulation 33(7) of the Development Control Regulations, 1991 as amended in 1999. The petitioners alleged that the amendment, which fixed a minimum …

BOMBAY DYEING AND MFG. CO.LTD.versusBOMBAY ENVIRONMENTAL ACTION GROUP AND ORS.

2006 INSC 142Appeal(s) allowed

The case concerned the validity of Development Control Regulation 58 (OCR 58) under the Maharashtra Regional and Town Planning Act, 1966, its 2001 amendment and a 2003 clarification, as applied to sick, closed or modernising cotton‑textile mills in Bombay. The petitioners, a public‑interest group, …

MASS HOLDINGS PVT. LTD.versusMUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.

2005 INSC 517Dismissed

Mass Holdings Pvt Ltd erected a hoarding in the Mahalaxmi area and was served a notice by the Municipal Corporation of Greater Mumbai to remove it, citing the Maharashtra Heritage Regulations, 1995. The appellant argued that the Mahalaxmi Precinct was merely a "location" in the schedule and not a …

RAJU S. JETHMALANI AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 260Appeal(s) allowed

The 1986 development plan for Pune earmarked a privately‑owned 1.5‑acre Plot No.438 as a garden, but the Municipal Corporation and the State Government never acquired the land. After the owners (appellants) bought the plot, the Government de‑reserved it by notification on 12‑Feb‑1993, citing lack of …

MAHENDRA BABURAO MAHADIK AND ORS.versusSUBHASH KRISHNA KANITKAR AND ORS.

2005 INSC 148Dismissed

The Bhiwandi Municipal Council took over a strip of land for road widening and granted the appellants only repair permission for the remaining land (ground + two storeys). The appellants nevertheless erected a six‑storey building. The Council served a notice under Sections 52 and 53 of the …

FULCHAND BHAGWANDAS GUGALE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 677Appeal(s) allowed

The appellants challenged a notification under Section 4 of the Land Acquisition Act, 1894 issued for acquiring their agricultural land, and the subsequent cancellation of that notification by a Sub‑Divisional Officer (SDO) under Section 5A. The SDO’s order was set aside by the Additional …

M/S. GIRNAR TRADERSversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 606Matter referred to larger bench

Girnar Traders, a partnership firm, owned land reserved under the Jalgaon Development Plan. After the State Government confirmed the firm's purchase notice, the municipal council failed to acquire the land under the Maharashtra Regional and Town Planning Act (M.R.T.P. Act). The State later declared …

PUNE MUNICIPAL CORPORATIONversusPROMOTERS AND BUILDERS ASSOCIATION AND ANR.

2004 INSC 348Appeal(s) allowed

The Pune Municipal Corporation (PMC) was directed by the Maharashtra Government under section 37 of the Maharashtra Regional and Town Planning Act, 1966 to amend its Development Control Rules (OCR) in line with Bombay's OCR. After publishing the proposed amendments and inviting objections, the State …

LAXMINARAYAN R. BHATTAD AND ORS.versusSTATE OF MAHARASHTRA AND ANR.

2003 INSC 218Dismissed

The appellants' original land was acquired under a Town Planning Scheme and they were awarded two final plots and monetary compensation by an arbitrator. They later sought additional Floor Space Index (FSI) and Transferable Development Rights (TDR) under the 1991 Development Control Regulations, …

PADMAversusHIRALAL MOTILAL DESARDA & ORS.

2002 INSC 371Disposed off

The Supreme Court examined a public‑interest writ filed by Padma challenging CIDCO's bulk sale of developable land in Aurangabad. The High Court had held that the allotments to several private entities were made without Board approval, at prices below the reserve price, and in violation of Section …

UNION OF INDIA AND ANR.versusMIS. MUNDRA SALT & CHEMICAL INDUSTRIES AND ORS.

2000 INSC 522Dismissed

The Union of India claimed ownership of land that had been sold at public auction to Mis. Mundra Salt & Chemical Industries and later acquired by the State of Maharashtra for a highway. The Union relied on Section 37 of the Bombay Land Revenue Code, 1879, which presumes Crown ownership where title …

THE MUNICIPAL COUNCIL, AHMEDNAGAR AND ANR.versusSHAH HYDER BEIG AND ORS.

1999 INSC 549Appeal(s) allowed

The Municipal Council of Ahmednagar issued a notification under the Maharashtra Regional and Town Planning Act, 1966 on 15 May 1971 and, after a compensation award on 26 April 1976, took possession of land. The respondents, Shah Hyder Beig and others, filed a writ petition in 1992—21 years after the …

P. NAVIN KUMAR AND ORS. ETCversusBOMBAY MUNICIPAL CORPORATION AND ORS.

1999 INSC 206Disposed off

The Indian Heritage Society filed a public‑interest writ in the Bombay High Court seeking to quash permissions granted to the Bombay Municipal Corporation for constructing a new public toilet block near the Gateway of India and to demolish an existing block. The High Court dismissed the petition, …

HANSRAJ H. JAINversusSTATE OF MAHARASHTRA AND ORS.

1993 INSC 237Dismissed

The State of Maharashtra issued notices under Section 4 of the Land Acquisition Act, 1894 between 1968 and 1970 to acquire land covering 86 villages for the New Bombay township, with declarations under Section 6 in 1971‑72 and awards in 1985‑86. The land owners challenged the acquisition, alleging …

DATTATRYA SHANKARBHAT AMBALGI & ORS.versusSTATE OF MAHARASHTRA & ORS.

1989 INSC 218Dismissed

The petitioners, owners of land in Sholapur, challenged the acquisition of their land under the Urban Land (Ceiling & Regulation) Act, 1976, arguing that the Act should not apply to land reserved for public purpose under the Maharashtra Regional and Town Planning Act, 1966 and that sections 10, 11 …

S.N. RAO & ORS. ETC.versusSTATE OF MAHARASHTRA

1988 INSC 38Dismissed

The case concerned a parcel of land in Bandra, Bombay, originally shown as residential in the 1966 development plan, for which a developer sought permission to build a five‑star hotel. The Municipal Commissioner rejected the plan, citing a pending revision of the development plan that would earmark …