Case Note & Summary
The petitioner, Rational Art & Press Private Limited, owned Final Plot No. 951(A) on Appasaheb Marathe Marg, Mumbai, which was zoned as industrial (I-2) under Town Planning Scheme IV of the Maharashtra Regional Town Planning Act, 1966. The surrounding properties were all in the residential (R) zone, making the petitioner's plot an industrial island. The petitioner sought conversion to residential zone, but the authorities demanded a premium under the Development Control and Promotion Regulations (DCPR) 2034. The petitioner challenged the zoning as arbitrary and irrational, violating Article 14 of the Constitution. The court held that the zoning was indeed arbitrary and irrational, as there was no justification for singling out the petitioner's plot. The court directed the respondents to process the conversion on payment of the applicable premium, and allowed the petition.
Headnote
A) Town Planning - Zoning - Arbitrariness - Maharashtra Regional Town Planning Act, 1966 - Article 14 of Constitution of India - Zoning of a single plot as industrial while all surrounding plots are residential held to be arbitrary and irrational, violating Article 14 - Court directed conversion to residential zone on payment of premium as per DCPR 2034 (Paras 1-40).
Issue of Consideration
Whether the zoning of the petitioner's plot as industrial (I-2) while surrounding plots are residential (R) is arbitrary and irrational, and whether the petitioner is entitled to conversion to residential zone on payment of premium.
Final Decision
The court allowed the petition, holding the zoning arbitrary and irrational, and directed the respondents to process the conversion of the petitioner's plot to residential zone on payment of the applicable premium under DCPR 2034.
Law Points
- Town Planning
- Zoning
- Arbitrariness
- Article 14
- MRTP Act
- DCPR
- Conversion Premium
Case Details
2023 LawText (BOM) (10) 134
Writ Petition No. 3008 of 2021
Dr Veerendra Tulzapurkar (Senior Advocate) with Sanjay Kadam, Sanjeel Kadam, Sayalee Rajpurkar, Nitisha Lad, Soham Salvi for Petitioner; Dr Birendra Saraf (Advocate General) with Abhay L Patki, Vilasini Subramanium for State; Mr Yashodeep Deshmukh with Kunal Waghmare for MCGM
Rational Art & Press Private Limited
State of Maharashtra, Deputy Director of Town Planning, Municipal Corporation of Greater Mumbai, Municipal Commissioner
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Nature of Litigation
Writ petition challenging arbitrary zoning of petitioner's plot as industrial while surrounding plots are residential.
Remedy Sought
Petitioner sought conversion of its plot from industrial to residential zone on payment of premium.
Filing Reason
Zoning of petitioner's plot as industrial (I-2) while all surrounding plots are residential (R) was arbitrary and irrational.
Issues
Whether the zoning of the petitioner's plot as industrial (I-2) while surrounding plots are residential (R) is arbitrary and irrational.
Whether the petitioner is entitled to conversion to residential zone on payment of premium under DCPR 2034.
Submissions/Arguments
Petitioner argued that the zoning is arbitrary and irrational, violating Article 14, as the plot is an industrial island in a residential area.
Respondents argued that the zoning is permissible under the MRTP Act and DCPR, and conversion requires payment of premium.
Ratio Decidendi
Zoning of a single plot as industrial while all surrounding plots are residential is arbitrary and irrational, violating Article 14 of the Constitution. The petitioner is entitled to conversion to residential zone on payment of premium as per the applicable regulations.
Judgment Excerpts
The facts are not contentious. Dr Tulzapurkar has positioned his case as one entirely on questions of law.
Dr Tulzapurkar submits that on the face of it this zoning, even if permissible in law, which he maintains it is not, is utterly arbitrary and irrational.
Procedural History
The petitioner filed Writ Petition No. 3008 of 2021 before the Bombay High Court challenging the zoning. The court heard arguments on 6th and 9th October 2023 and delivered judgment on 9th October 2023.
Acts & Sections
- Maharashtra Regional Town Planning Act, 1966:
- Constitution of India: Article 14
