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1 - 10 of 34 (0.33 seconds)Section 254 in The Gujarat Provincial Municipal Corporations Act, 1949 [Entire Act]
Section 260 in The Gujarat Provincial Municipal Corporations Act, 1949 [Entire Act]
K. Ramadas Shenoy vs The Chief Officers, Town Municipal ... on 9 August, 1974
In K. Ramadas Shenoy v. Chief Officers, Town Municipal
Council (supra), the resolution passed by the Municipal
Committee authorising construction of a cinema theatre was
challenged on the ground that the site was earmarked for the
construction of Kalyan Mantap-cum-Lecture Hall and the same
could not have been used for any other purpose. The High
Court held that the cinema theatre could not be constructed at
the disputed site but declined to quash the resolution of the
Municipal Committee on the ground that the theatre owner had
spent huge amount. While setting aside the High Courts order,
this Court observed:
Section 188 in The Indian Penal Code, 1860 [Entire Act]
Friends Colony Development Committee vs State Of Orissa & Ors on 1 November, 2004
In Friends Colony Development Committee v. State of Orissa
(supra), this Court noted that large number of illegal and
unauthorised constructions were being raised in the city of
Cuttack and made the following significant observations:
Shanti Sports Club & Anr vs Union Of India & Ors on 25 August, 2009
In Shanti Sports Club v. Union of India (supra), this Court
approved the order of the Delhi High Court which had declared
the construction of sports complex by the appellant on the land
acquired for planned development of Delhi to be illegal and
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C/SCA/13405/2021 JUDGMENT DATED: 17/09/2021
observed:
Priyanka Estate International (P.) ... vs State Of Assam And Ors. on 28 July, 2006
In Priyanka Estates International Pvt. Ltd. v. State of Assam
(supra), this Court refused to order regularisation of the illegal
construction raised by the appellant and observed:
Anisa Apartment Co-Operative Housing ... vs Municipal Corporation Of Greater ... on 15 January, 2019
(2) Yet, the Hon'ble Apex Court has clearly observed in para 56 of
the decision in the case of Isha Ekta Apartments Cooperative Housing
Society Limited and others Vs. Municipal Corporation of Mumbai and
others reported in (2013)5 SCC 357 that the Courts are also expected
to refrain from exercising equitable jurisdiction for regularization of
illegal and unauthorized construction, else it would encourage
violators. The said relevant observations contained in para 56 are
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C/SCA/13405/2021 JUDGMENT DATED: 17/09/2021
quoted hereunder:-
M/S Royal Parasdise Hotel (P) Ltd vs State Of Haryana & Ors on 25 August, 2006
noted judgments and, in particular, Royal Paradise Hotel (P)
Ltd. v. State of Haryana and Ors. (supra) is clearly attracted in
the present case. We would like to reiterate that no authority
administering municipal laws and other similar laws can
encourage violation of the sanctioned plan. The Courts are also
expected to refrain from exercising equitable jurisdiction for
regularization of illegal and unauthorized constructions else it
would encourage violators of the planning laws and destroy the
very idea and concept of planned development of urban as well
as rural areas.