Case Note & Summary
The petitioners, Runwal Homes Pvt. Ltd. and Mr. Subodh Runwal, owned a plot of land in Nahur, Bhandup (West), Mumbai, which was affected by Development Plan (DP) road reservations for a 45.70 m wide Mulund-Goregaon Link Road and an 18.30 m wide Bhandup Village Road, aggregating to 8209.30 sq. mts. The petitioners submitted a revised development proposal to the Municipal Corporation of Greater Mumbai (respondents 1-4) seeking to adjust the DP road area towards the computation of amenity space required under the Development Control Regulations. The Corporation refused to sanction the proposal, contending that the DP road area could not be treated as amenity space. The petitioners challenged this refusal by way of a writ petition. The High Court examined the provisions of the Mumbai Municipal Corporation Act, 1888 (Sections 337 and 338) and the Development Control Regulations (Regulations 23 and 24). The court held that the DP road reservation is a public amenity and, therefore, the area under such reservation can be adjusted towards the amenity space requirement. The Corporation's refusal was arbitrary and unreasonable. The court directed the Corporation to sanction the revised proposal within four weeks from the date of the judgment. The petition was allowed with no order as to costs.
Headnote
A) Municipal Law - Development Control - Amenity Space Computation - Sections 337, 338 of Mumbai Municipal Corporation Act, 1888 and Regulations 23, 24 of Development Control Regulations - The petitioners sought sanction of a revised development plan for their plot, proposing to adjust the area reserved for DP roads towards the required amenity space. The Municipal Corporation refused, contending that DP road area cannot be treated as amenity space. The High Court held that the DP road area, being a public amenity, can be adjusted towards the amenity space requirement, and the Corporation's refusal was arbitrary and unreasonable. (Paras 2-10) B) Municipal Law - Development Plan Reservation - Adjustment of Reserved Area - Sections 337, 338 of Mumbai Municipal Corporation Act, 1888 - The court observed that the DP road reservation is for a public purpose and constitutes an amenity. Therefore, the area under such reservation can be counted towards the amenity space required for development. The Corporation's insistence on separate amenity space without considering the DP road area was held to be contrary to the intent of the law. (Paras 11-15) C) Municipal Law - Sanction of Development Proposal - Arbitrary Refusal - Sections 337, 338 of Mumbai Municipal Corporation Act, 1888 - The court found that the Corporation's refusal to sanction the revised proposal was arbitrary and without justification. The petitioners were entitled to have their proposal considered in accordance with law, and the Corporation was directed to sanction the proposal within a specified time. (Paras 16-20)
Issue of Consideration
Whether the Municipal Corporation is justified in refusing to sanction the revised development proposal on the ground that the amenity space cannot be computed by adjusting the area reserved for DP roads.
Final Decision
The petition is allowed. The Municipal Corporation is directed to sanction the revised proposal within four weeks from the date of the judgment. No order as to costs.
Law Points
- Amenity space computation
- Development Plan road reservation
- Mumbai Municipal Corporation Act
- 1888
- Section 337
- Section 338
- Development Control Regulations
- Regulation 23
- Regulation 24
