Friday, March 6, 2026
Latest:
Legal

SRA – New Road Line – Section 291 MMC Act

legaldeli

The petitioner had purchased the land of 6344.04 sq.mts at Malad, occupied partly by slum dwellers and partly by tenants.   SRA sanctioned lay out of 6 buildings including development of land admeasuring 1375 sq.mts affected by the slum.   Later on, the SRA approved the amalgamation of slum and non-slum portions of the plot vide LoI dated 20.4.2022.

The petitioner has completed several buildings and some of the buildings are under construction.

On 7.12.2023, the Respondent No.5 Developer and Respondent No.4 Society submitted SR scheme for the adjoining plot.

By letter dated 5.8.2024, SRA recommended proposal for new Road Line in the land of the petitioner as necessary for SR Scheme on the adjoining plot.   This was accepted.

The petitioner has challenged the decision of 26.9.2024 of MCGM taken in consultation with SRA to sanction new Road Line of 13.40 meters in the land being developed by the petitioner.

HELD that when the proposed public street transgresses in any building requiring demolition, the owner / occupier thereof has to be heard.   Municipal Corporation cannot unilaterally sanction the street without providing opportunity of hearing to the affected party.   MCGM relied on the SRA’s NOC believing that no person was getting adversely affected by sanction of the RL.  In fact, for both the pieces of the land the special planning authority is SRA.  It has given sanction for the road through one SR Scheme for making another SR Scheme viable.  Sanctioning of the impugned RL has affected the civil rights of the petitioner and therefore, hearing was necessary not specifically provided in Section 291 of the MMC Act.

Judgment dated  2.7.2025  of the High Court of Bombay in Writ Petition No.2207 of 2025 of Raghavendra Construction Company Pvt Ltd    Vs.  Municipal Commissioner and others

You May Also Like

Beyond Clause – Why MSMED Act Determines Seat of Arbitration

legaldeli

Novation of Contract – Liablity of guarantors to repay loan – Temporary overdraft – Extension of time to repay without consent of the guarantors – Section 133 of the Contract Act.

legaldeli

DV Act – Proprietary rights Vs Women’s Rights as part of Human Rights

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree