Nariman Point Association And Anr. vs State Of Maharashtra And Ors. on 14 February, 2003
In Dadar Avanti Co-operative Housing Society Ltd. v. Municipal Corporation of Greater Bombay, a residential flat in a co-operative housing society was sought to be put to non residential use by maintaining a surgical nursing home. The Supreme Court held that under the Development Control Regulations in force when the application for change of user was made, it was not permissible to allow a change of user from residential to commercial purposes. The Court held that in such a case, at the point when a change of user is intended, if the Regulations do not permit such a change, the authority concerned would have no power to allow a change of user. The subsequent Regulations of 1991, however, empowered the authority to allow a change of use and the Supreme Court, therefore, granted permission to the applicant to move the authority afresh for orders in accordance with the subsequent Regulations.