PROMOTERS & BUILDERS ASSOCIATION OF PUNE versus PUNE MUNICIPAL CORPORATION AND ORS.

PROMOTERS & BUILDERS ASSOCIATION OF PUNE versus PUNE MUNICIPAL CORPORATION AND ORS.

Section 37(2) of the Maharashtra Regional and Town Planning Act, 1966 empowers the State Government to sanction modifications with or without changes as it may deem fit. The addition of 'from the very said plot' in Rule N.2.4.11(b) was within statutory authority; promissory estoppel does not apply as Development Control Rules have the force of statute. Grounds for review are not made out, as there is no manifest error or miscarriage of justice.

Parties
Petitioner: Promoters & Builders Association of Pune; Respondent: Pune Municipal Corporation; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
11 May 2007
Procedural Posture
Review Petition (civil) No. 1809 of 2005 (with Connected Petitions) / Supreme Court Review of Prior Supreme Court Judgment Dated 5.5.2004 in C.a. No. 3800 of 2003
Outcome
Review Petitions dismissed
Legal Topics
Modification of Development Control Rules, Interpretation of Statutes, Promissory Estoppel, Review Jurisdiction
Town and Country Planning Municipal Law Administrative Law Constitutional Law Modification of Development Control Rules Interpretation of Statutes Promissory Estoppel Review Jurisdiction

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Parties

Promoters & Builders Association of Pune

Petitioner

Pune Municipal Corporation

Respondent

State of Maharashtra

Respondent

Procedural Posture

Review Petition (civil) No. 1809 of 2005 (with Connected Petitions) / Supreme Court Review of Prior Supreme Court Judgment Dated 5.5.2004 in C.a. No. 3800 of 2003

Legal Issues

  1. 1 Whether State Government can amend Development Control Rules proposed by Municipal Corporation under Section 37(2) of the Maharashtra Regional and Town Planning Act, 1966
  2. 2 Whether words 'from the very said plot' added to Rule N.2.4.11(b) were validly incorporated
  3. 3 Whether promissory estoppel applies to Development Control Rules

Ratio Decidendi

Section 37(2) of the Maharashtra Regional and Town Planning Act, 1966 empowers the State Government to sanction modifications with or without changes as it may deem fit. The addition of 'from the very said plot' in Rule N.2.4.11(b) was within statutory authority; promissory estoppel does not apply as Development Control Rules have the force of statute. Grounds for review are not made out, as there is no manifest error or miscarriage of justice.

Court Disposition

Review Petitions dismissed

Orders

  • Constructions enumerated in category nos. 1 to 4 (as described in municipal submissions) will not be treated as violation of clause (b) of D.C.R.-2.4.11.
  • Statement made by counsel for Pune Municipal Corporation regarding non-objection to category nos. 1 to 4 is accepted and recorded.