Case Note & Summary
The petitioners, three cooperative housing societies registered under the Maharashtra Cooperative Societies Act, 1960, filed a writ petition challenging the permission granted by the Municipal Corporation of Greater Mumbai (MCGM) to the Commissioner of Police for constructing a police station on an amenity plot bearing CTS No. 373/5 at Deonar, Mumbai. The petitioners are part of the Raheja Acropolis II development, and the amenity plot was reserved for a police station in the layout plan approved by the MCGM. The petitioners contended that the construction of the police station would cause nuisance, including noise and traffic congestion, and would reduce the value of their properties. They also argued that the permission amounted to a change of user and was contrary to the Development Control Regulations (DCR). The respondents, including the State of Maharashtra and the MCGM, defended the permission, stating that the plot was specifically reserved for a police station and that the construction was for a public purpose. The court, after hearing the parties, dismissed the petition. The court held that the amenity plot was reserved for a police station and the construction was in accordance with the layout plan. The court also held that the petitioners had no locus standi to challenge the construction as the plot was not meant for their exclusive use. The court further noted that there is no presumption that a police station would cause nuisance, and the petitioners' objections were speculative. The court upheld the permission granted by the MCGM and directed the police authorities to take necessary precautions to minimize any inconvenience to the residents.
Headnote
A) Town Planning - Amenity Plot - Police Station Construction - Maharashtra Regional and Town Planning Act, 1966, Development Control Regulations - The petitioners, cooperative housing societies, challenged the permission granted by the Municipal Corporation to the Police Commissioner to construct a police station on an amenity plot reserved for 'Police Station' in the layout plan. The court held that the plot was specifically reserved for a police station, and the construction was for a public purpose. The permission was valid and did not amount to a change of user. The court also noted that the petitioners had no locus standi to challenge the construction as the plot was not meant for their exclusive use. (Paras 1-10) B) Locus Standi - Cooperative Housing Society - Challenge to Construction on Amenity Plot - The petitioners claimed that the construction would cause nuisance and reduce the value of their properties. The court held that the petitioners had no right to challenge the construction as the amenity plot was reserved for a public purpose and the police station was a necessity. The court also noted that the petitioners had not raised any objection at the time of purchase of their flats. (Paras 11-15) C) Nuisance - Police Station - Presumption of Nuisance - The petitioners argued that the police station would cause noise and traffic nuisance. The court held that there is no presumption that a police station would cause nuisance. The police station is a public utility and its construction cannot be opposed on speculative grounds. (Paras 16-20)
Issue of Consideration
Whether the Municipal Corporation of Greater Mumbai could grant permission to the Commissioner of Police to construct a police station on an amenity plot reserved for 'Police Station' in the layout plan, and whether such construction would amount to a change of user or cause nuisance to the residents.
Final Decision
The petition was dismissed. The court upheld the permission granted by the Municipal Corporation for construction of the police station on the amenity plot.
Law Points
- Amenity plot
- Police station
- Change of user
- Development Control Regulations
- Maharashtra Regional and Town Planning Act
- 1966
- Public purpose
- Cooperative housing society
- Standing order
- Permission
- Construction
