In Brief
A housing society sought to redevelop an old residential building into a 7-storey structure. A refinery corporation challenged this, fearing safety and security risks. The High Court sided with the refinery and quashed the Municipal Commissioner's approval. The Supreme Court reversed this decision, holding that the High Court impermissibly sat in appeal over the Commissioner's discretion. Since no law, rule, or regulation prohibited construction near refineries or mandated a buffer zone, the owner retained the right to redevelop its land in accordance with applicable building regulations. The Court emphasized that safety concerns, while important, cannot override statutory compliance absent specific legal restrictions.
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