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Supreme Court of India 2018-12-14 dismissed

Janhit Manch Through Its President Bhagvanji Raiyani & Anr vs State of Maharashtra & Ors

Bench: 3 — Sanjay Kishan Kaul

In Brief

This appeal challenged Maharashtra's Transferable Development Rights (TDR) policy, which allowed builders to increase building density (Floor Space Index) in return for acquiring slum-dweller housing. An NGO petitioner sought to halt TDR grants in specified zones and impose court-mandated policy review. The Supreme Court upheld the High Court's detailed examination and dismissed the appeal, holding that unless government policies violate the Constitution, courts cannot impose individual citizens' ideals through judicial intervention. The Court emphasized separation of powers: elected governments retain policy-making authority; local urban planning matters are best handled at state level. The petitioner failed to show patent illegality or constitutional breach, only policy disagreement.

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Urban Planning Municipal Law Constitutional Law Administrative Law Public Interest Litigation Development Control Regulations Slum Rehabilitation

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