Supreme Court of India
Esha Ekta Apartments Co-operative Housing Society Limited and Others v. Municipal Corporation of Mumbai and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the petitioners in the transferred case have failed to make out a 8 case for directing the respondents to regularize the construction made in violation of the sanctioned plan.
Judgment, page 56
From the headnote
Urban Development - Maharashtra Regional and Town Planning Act, 1966 - ss.44, 45, 47, 52 to 57 - Illegal and unauthorized construction made by developers/builders - Demolition order - Plea of flat buyers for regularization of construction - Held: By rejecting the prayer for regularization of the floors constructed in wanton violation of the sanctioned plan, the Deputy Chief Engineer of the Mumbai Municipal Corporation and the Appellate Authority demonstrated their determination to ensure planned development of the city - The 1966 Act does not mandate regularization of construction made
Authorities it was built on
- 2009 Shanti Sports Club & Anr. v. Union of India & Ors.
- 2004 Friends Colony Development Committee v. State of Orissa and Ors.
- 2009 Priyanka Estates International P. Ltd. & Ors. v. State of Assam & Ors.
- 2007 Suresh Est Ates Pvt. Ltd. & Ors. v. Municipal Corp. of Greater Mumbai & Ors.
- 2006 M/s. Royal Parasdise Hotel (p) Ltd. v. State of Haryana and Ors.
- 2007 Jayantilal Investments v. Madhuvihar Co-operative Housing Society and Ors.
Where later benches applied it
- 2021 Supertech Limited v. Emerald Court Owner Resident Welfare Association & Ors.
- 2018 The Secretary, Kerala State Coastal Management Authority v. Dlf Universal Limited (formerly Known as Adelie Builders and Developers Pvt. Ltd.) & Ors.
Of those, 1 relied on · 1 referred to
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