D. V. M. PATEL AND ANR v. STATE OF MAHARASHTRA THROUGH GOVT. PLEADER AND 3 ORS
Discusses balancing development with heritage preservation, applicable across legal fields involving environmental and cultural protection.
Court: Bombay High Court
Citation: 2025:BHC-OS:10503-DB
Decision Date: 10-07-2025
List of Laws
Maharashtra Public Trusts Act, 1950; Societies Registration Act, 1860; Companies Act, 2013; The Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India, 1949; Development Control Regulations, 1991; Noise Pollution (Regulation and Control) Rules, 2000
- Maharashtra Public Trusts Act, 1950: The judgment mentions that the Jamsetji Nusserwanji Petit Institute is a Public Charitable Trust registered under the provisions of this Act. The judgment refers to the trust being registered under the Act in paragraphs 2 and 65.
- Societies Registration Act, 1860: The judgment mentions that the Jamsetji Nusserwanji Petit Institute is also a society registered under the provisions of this Act. The judgment refers to the society being registered under the Act in paragraphs 2 and 65.
- Companies Act, 2013: The judgment mentions that the Mumbai Metro Rail Corporation Limited is a company incorporated under this Act.
- The Ancient Monuments and Archaeological Sites and Remains Act, 1958: The judgment refers to this Act in paragraphs 45 and 47. The judgment discusses the Supreme Court's observations in Archaeological Survey of India Vs. Narender Anand and others regarding the need to balance infrastructure development with the protection of historical monuments under this Act. It also refers to Rajeev Mankotia Vs. Secretary to the President of India and others in the context of this Act, stating that the Supreme Court held that all ancient and historical monuments and archaeological sites should be deemed so under this Act if they have existed for a century.
- Constitution of India, 1949: The judgment refers to Article 49 of the Constitution in paragraph 45. The Court pointed out that the Central Government had issued the relevant notification for implementing the policy enshrined in Article 49, namely, to preserve and protect ancient and historical monuments.
- Development Control Regulations, 1991: The judgment mentions in paragraph 40 that the Development Control Regulations recognize the importance of heritage structures and the need for their protection.
- Noise Pollution (Regulation and Control) Rules, 2000: The judgment refers to these rules in paragraphs 68. The affidavit states that the maximum noise level observed is 20dB(A), which is less than the maximum limit of 40dB(A) prescribed for the silence zone during nighttime in these Rules.
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