AVINASH GAIKWAD & ORS. versus STATE OF MAHARASHTRA & ORS.

AVINASH GAIKWAD & ORS. versus STATE OF MAHARASHTRA & ORS.

Previous occupants are entitled to a tenement with a minimum carpet area of 225 sq.ft. as per Regulation 33(7) read with Appendix III and the approved scheme, and there is no justification for requiring a balcony in addition. Regulations do not impose liability on the developer to construct a balcony measuring 10% of the tenement area for rehabilitation tenements.

Parties
Appellants: Avinash Gaikwad & Ors.; Respondents: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
05 July 2010
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Redevelopment Scheme, Development Control Regulations, Minimum Carpet Area
Urban Development Property Law Redevelopment Scheme Development Control Regulations Minimum Carpet Area

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Parties

Avinash Gaikwad & Ors.

Appellants

State of Maharashtra & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether previous occupants are entitled to a tenement with minimum carpet area of 225 sq.ft. plus a balcony measuring 10% of tenement area under Urban Renewal Scheme and Development Control Regulations

Ratio Decidendi

Previous occupants are entitled to a tenement with a minimum carpet area of 225 sq.ft. as per Regulation 33(7) read with Appendix III and the approved scheme, and there is no justification for requiring a balcony in addition. Regulations do not impose liability on the developer to construct a balcony measuring 10% of the tenement area for rehabilitation tenements.

Court Disposition

Appeal dismissed

Orders

  • No merit in the appeal; appeal dismissed.