Independent Nature of Contingencies Under Section 49 of the MRTP Act Regarding Purchase Notices

sketch of the Bombay High Court
Case
DEVI CONSTRUCTION LLP v. STATE OF MAHARASHTRA AND ORS (Bombay High Court, 23-09-2026)
Law
Constitution of India, Maharashtra Regional and Town Planning Act.

Highlights of the Judgment:

  • Detailed interpretation of Section 49 of the Maharashtra Regional and Town Planning Act, 1966 regarding purchase notices.
  • Analysis of whether statutory contingencies under Section 49(1)(a) through (e) are mutually exclusive and independent.
  • Examination of the mandatory requirement to attach prior development applications under Section 49(2).
  • Application of precedent to determine that Section 49(2) requirements do not apply universally to clauses like (a) and (e).
  • Protection of property rights and prevention of procedural hurdles defeating substantive statutory remedies.