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“The cancellation order, on the face of it, appeared to be a brazen endeavour of the official machinery to deprive a land owner of his legitimate right to have an alternative in lieu of his acquired land by the State.”
The Court stated that since the land was a notified water body and no construction could be permitted on it, the constructions carried out by the residents was illegal.
The cut-off date is meaningless and/or is redundant, it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws.
Supreme Court clarified that till the date of communication of the order on the regularisation application, the limited interim relief granted on 6-08-2024 will continue to operate.
“There is not even a single scrap of a document placed on record by the appellant/society to show any kind of legitimacy it exercises, either over the land or the illegal structure built thereon.”
Supreme Court: Holding that Geopmapping is the answer to issue of the illegal constructions, the bench of Deepak Gupta and Aniruddha Bose,
Supreme Court: In a case where a Municipal Councillor was disqualified under Section 44(1)(e) of the Maharashtra Municipal Council Nagar Panchayat and
Madras High Court: A Bench of S.M. Subramaniam, J. while addressing a writ petition stated that “If a deity in a temple