JAYANT ACHYUT SATHE versus JOSEPH BAIN DSOUZA AND ORS.

JAYANT ACHYUT SATHE versus JOSEPH BAIN DSOUZA AND ORS.

The High Court was not justified in reading additional requirements into Regulation 33(7) after holding it valid. The side space reduction to five feet for buildings less than 24 metres in height is arbitrary, unreasonable, and violative of Article 14 of the Constitution, and such buildings must provide minimum side spaces as required for small plots (3.6 metres). The appeals are allowed, restoring Regulation 33(7) in its original form without additional qualifications imposed by the High Court.

Parties
Appellant: Jayant Achyut Sathe; Respondents: Joseph Bain D'Souza and Ors.
Jurisdiction
India
Judgment Date
04 September 2008
Procedural Posture
Civil Appeal / Judgment on Appeal From Bombay High Court Decision in Writ Petition No. 3189 of 2004
Outcome
Appeal allowed
Legal Topics
Development Control Regulations, Floor Space Index (fsi), Interpretation of Statutes, Redevelopment of Cessed Buildings, Side/open Space Requirements, Article 14 of the Constitution, Regulation 33(7) of 1991 Regulations
Town Planning Urban Development Administrative Law Constitutional Law Development Control Regulations Floor Space Index (fsi) Interpretation of Statutes Redevelopment of Cessed Buildings +3 more

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Parties

Jayant Achyut Sathe

Appellant

Joseph Bain D'Souza and Ors.

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From Bombay High Court Decision in Writ Petition No. 3189 of 2004

Legal Issues

  1. 1 Whether the High Court was justified in reading additional requirements into Regulation 33(7) of the 1991 Development Control Regulations after holding it valid
  2. 2 Interpretation and application of Regulation 33(7) for reconstruction and development of cessed buildings in Mumbai
  3. 3 Validity of reduced side space (open space) requirements for redevelopment projects

Ratio Decidendi

The High Court was not justified in reading additional requirements into Regulation 33(7) after holding it valid. The side space reduction to five feet for buildings less than 24 metres in height is arbitrary, unreasonable, and violative of Article 14 of the Constitution, and such buildings must provide minimum side spaces as required for small plots (3.6 metres). The appeals are allowed, restoring Regulation 33(7) in its original form without additional qualifications imposed by the High Court.

Court Disposition

Appeal allowed

Orders

  • High Court not justified in reading additional requirements into Regulation 33(7) after holding it valid.
  • Regulation 33(7) restored in application as notified, without additional restrictions imposed by the High Court.