Supreme Court of India

Dr. Abraham Patani of Mumbai & Anr v. The State of Maharashtra & Ors.

Neutral citation
Reported as [2022] 19 S.C.R. 1045
Bench Surya Kant and Abhay S. Oka JJ.
Decided 2 September 2022

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.

What the Court ordered

Before parting that the rights of the individual must only be watered down when the necessary circumstances demanding such a drastic measure exist.

Judgment, page 48

From the headnote

Maharashtra Regional Town Planning Act, 1966 – ss. 37( 1), 126- Mumbai Municipal Corporation Act, 1888 - ss. 6 1(m), 63, 90(1) & (3), 91, 291, 296- Land Acquisition Act, 1894 – ss. 4 , 5A, 6, 11-Land Acquisition – Conflict between two statutes – Harmonious Construction – Public Interest – Colourable exercis e of power- Appellants opposed the construction of road on thei r land by Respondent No. 2 (Municipal Corporation of Mumbai) proposed in Development Plan (DP) - Respondent No. 1 issued a directive under S. 37(1) of Act, 1966 acknowledging the need for a connecting road but stating that it

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