In Brief
The Supreme Court dismissed special leave petitions filed by the Municipal Corporation of Greater Mumbai challenging a High Court order that granted alternative site allotment and TDR/DRC consideration relief to respondents who claimed to be tenants forcibly evicted without due process. The Court held that the High Court's factual findings—that superstructures existed prior to 1961 and that evictions violated due process—were not perverse, and the balancing of private versus public interest (accounting for a subsequently-constructed public road) was legally justified. The Court declined to interfere with the High Court's reasoned judgment in the special leave petition.", <parameter name="obiter">["The Court observed that findings of fact in special leave petitions should not be interfered with unless they shock the conscience of the Court", "The Court recognized that when restitution through site allotment becomes impossible due to intervening public projects, alternative remedies like TDR/DRC constitute appropriate equitable relief"]
The lawyer headnote and full judgment text are available to registered users.