M/S VEENA CORP.THROUGH RAJAN BABULAL MEHTA versus ASHOK ARJANBHAI JOLIA & ORS.

M/S VEENA CORP.THROUGH RAJAN BABULAL MEHTA versus ASHOK ARJANBHAI JOLIA & ORS.

Once the SRA, duly empowered under Regulation 6.24, approved the amended plan for a detached flour mill structure, the petitioner who submitted the plan cannot object to its implementation on grounds of contravention of Building Rules. The SRA acted lawfully within its powers to relax the Rules for slum rehabilitation, and any further objection by the petitioner is not tenable.

Parties
Petitioner: M/S Veena Corp. through Rajan Babulal Mehta; Respondent: Ashok Arjanbhai Jolia & Ors.
Jurisdiction
India
Judgment Date
19 March 2009
Procedural Posture
Special Leave Petition (civil) / Final Disposal
Outcome
Special Leave Petition dismissed
Legal Topics
Slum Rehabilitation Scheme, Development Control Regulations, Building Rules, Commercial Rehabilitation
Property Law Municipal Law Slum Rehabilitation Scheme Development Control Regulations Building Rules Commercial Rehabilitation

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Parties

M/S Veena Corp. through Rajan Babulal Mehta

Petitioner

Ashok Arjanbhai Jolia & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposal

Legal Issues

  1. 1 Whether a petitioner-developer can object to raising construction as per the amended plan approved by Slum Rehabilitation Authority (SRA) claiming it is contrary to Building Rules
  2. 2 Whether SRA is empowered to relax Building Rules under Regulation 6.24 of Development Control Regulation for Greater Mumbai, 1991

Ratio Decidendi

Once the SRA, duly empowered under Regulation 6.24, approved the amended plan for a detached flour mill structure, the petitioner who submitted the plan cannot object to its implementation on grounds of contravention of Building Rules. The SRA acted lawfully within its powers to relax the Rules for slum rehabilitation, and any further objection by the petitioner is not tenable.

Court Disposition

Special Leave Petition dismissed

Orders

  • Petitioner to comply with the directions of the Bombay High Court for constructing and delivering the specified commercial premises to respondents within eight weeks from date.
  • No order as to costs.