'Land Meant For Poor Can't Be Commercially Exploited' : Supreme Court Sets Aside HC Direction To Convey Mumbai Plot To Pvt Company
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'Land Meant For Poor Can't Be Commercially Exploited' : Supreme Court Sets Aside HC Direction To Convey Mumbai Plot To Pvt Company

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The Supreme Court on Tuesday set aside Bombay High Court's order directing the Municipal Corporation of Greater Mumbai to execute a formal conveyance deed in favour of Century Textiles and Industries Limited granting it ownership rights over approximately five acres land in Lower Parel. This not only harms the class of beneficiaries whom the legislation and agreement were designed to protect, but also imperils the broader public interest by allowing beneficial legislative frameworks to be distorted and exploited contrary to their genuine purpose.” The Supreme Court emphasized that the lease explicitly mandated its use for providing housing to poorer classes, strictly prohibited commercial use and outlined the purpose of the demised premises as dwellings for economically weaker sections, particularly employees of the lessee. “The reference in Section 48 of the 1925 Act leaving the premises in good repair is not a mere formality but a substantive condition governing the lessee's obligations”, the Court observed. The lease and the resolution only outlined specific terms for the duration of the lease, and there was a “clear misreading by the High Court”, the Supreme Court observed.

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