OSWAL AGRO MILLS LTD Vs. HINDUSTAN PETROLEUM CORPORATION LTD
LAWS(SC)-2013-12-26
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on December 10,2013

OSWAL AGRO MILLS LTD Appellant
VERSUS
HINDUSTAN PETROLEUM CORPORATION LTD Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals are directed against order dated 12.4.2012 by which the Division Bench of the Bombay High Court allowed the writ petition filed by respondent No.1-Hindustan Petroleum Corporation Ltd. (HPCL) and quashed the sanction accorded by the competent authority of the Municipal Corporation of Greater Mumbai (for short, 'the Corporation') for change of user and construction of residential and commercial complex on land bearing CTS Nos. 381 and 381/1 to 22, Village Anik, Taluk Chembur, MSD, Mumbai and directed the Municipal Commissioner to reconsider the application made by Oswal Agro Mills Ltd. (hereinafter described as "the appellant") keeping in view the objections raised by the Police Department, Ministry of Petroleum, Ministry of Environment and Intelligence Bureau and the Security Control Regulations issued by the State of Maharashtra under Section 37 (1AA) of the Maharashtra Regional and Town Planning Act, 1966 (for short, 'the 1966 Act').
(3.) The appellant purchased the land in question from Union Carbide Ltd. in 1989 with the permission of the State Government. In the development plan of the area, the land was shown as included in Special Industrial Zone (I-3 Zone). In 2005, respondent No.1 acquired land bearing CTS Nos. 382 and 382/1 to 66 of Village Anik, which is located at a distance of 430-450 meters from the appellant's land from Ahmedabad Printing and Calico Mills Company Ltd. for construction of storage tanks.;


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