Interpretation of Non-Obstante Clauses and Recreational Open Space Regulations Under the UDCPR

sketch of the Bombay High Court
Case
SANDEEP S. THAKUR v. THE STATE OF MAHARASHTRA THROUGH ITS URBAN DEVELOPMENT DEPT. AND ORS (Bombay High Court, 01-10-2026)
Law
Constitution of India, Maharashtra Regional and Town Planning Act, Maharashtra Municipal Corporations Act.

Highlights of the Judgment:

  • Detailed analysis of the interpretation and scope of non-obstante clauses within subordinate legislation, specifically Chapter 10 of the Unified Development Control and Promotion Regulations.
  • Examination of statutory rules governing Recreational Open Spaces and the legality of permitting such designated areas on podium levels.
  • Application of the doctrine of harmonious construction to resolve apparent conflicts between general and city-specific development regulations.
  • Assessment of the discretionary executive powers vested in planning authorities under Regulation 2.4 to grant specific relaxations.
  • Court commentary on the maintainability of Public Interest Litigations involving substantial third-party property rights and unexplained delay.