PRATIBHA CO-OPERATIVE HOUSING SOCIETY LTD. versus STATE OF MAHARASHTRA AND ORS.

PRATIBHA CO-OPERATIVE HOUSING SOCIETY LTD. versus STATE OF MAHARASHTRA AND ORS.

The petitioner made illegal constructions in violation of permissible Floor Space Index. The Municipal Commissioner's order for demolition does not suffer from any want of jurisdiction nor violates any law or rules. The High Court is not an appellate court over administrative decisions, and the action taken was justified. The proposed alternative of vertical demolition was duly considered and rejected with reasons.

Parties
Petitioner: Pratibha Co-operative Housing Society Ltd.; Respondent: State of Maharashtra; Respondent: Bombay Municipal Corporation
Jurisdiction
India
Judgment Date
09 May 1991
Procedural Posture
Special Leave Petition (civil) / Final Decision by Supreme Court
Outcome
Petition dismissed
Legal Topics
Demolition of Unauthorized Construction, Violation of Building Laws, Floor Space Index (fsi) Violation, Article 226 of Constitution, Administrative Decisions Review
Administrative Law Municipal Law Construction Law Demolition of Unauthorized Construction Violation of Building Laws Floor Space Index (fsi) Violation Article 226 of Constitution Administrative Decisions Review

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Parties

Pratibha Co-operative Housing Society Ltd.

Petitioner

State of Maharashtra

Respondent

Bombay Municipal Corporation

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Decision by Supreme Court

Legal Issues

  1. 1 Whether the demolition order for unauthorized construction exceeding permissible Floor Space Index is valid
  2. 2 Whether the alternative proposal of vertical demolition should have been considered by the Municipal Corporation
  3. 3 Scope of High Court's powers under Article 226 with respect to administrative decisions

Ratio Decidendi

The petitioner made illegal constructions in violation of permissible Floor Space Index. The Municipal Commissioner's order for demolition does not suffer from any want of jurisdiction nor violates any law or rules. The High Court is not an appellate court over administrative decisions, and the action taken was justified. The proposed alternative of vertical demolition was duly considered and rejected with reasons.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed with no order as to costs