Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Roads sanctioned under development schemes (e.g., RP roads and DP roads) are often approved after detailed proposals, and their alignment or widening may be altered without creating new roads but only modifying existing ones ["2025 0 Supreme(Bom) 967"], ["2023 0 Supreme(Bom) 533"].
Non-Existing Roads in Maharashtra
Analysis and ConclusionIn Maharashtra, the distinction between existing and non-existing roads hinges on formal recognition, maintenance, and adherence to development regulations. Existing roads are those officially sanctioned, maintained, or developed under legal procedures, while non-existing roads often lack formal recognition, leading to disputes over rights and usage. Urban development schemes, land conversions, and administrative decisions significantly influence the status of roads, with courts generally supporting sanctioned and recognized roads while dismissing claims based on informal or unrecorded pathways.
References- ["2025 Supreme(Online)(CAT) 6679"]- ["2023 0 Supreme(Bom) 165"]- ["2025 0 Supreme(Bom) 967"]- ["2023 0 Supreme(Bom) 872"]- ["2023 0 Supreme(Bom) 533"]- ["
Vinay Uttamchand Parakh VS State of Maharashtra - Bombay
"]- ["PARMATMA EK HOUSING DEVELOPER AND BUILDERS vs RINA W.O. SANJAY SINGH - Consumer National"]- ["2025 0 Supreme(Kar) 1530"]
Road infrastructure forms the backbone of Maharashtra's urban and rural growth, from bustling Mumbai streets to rural highways. But what happens when authorities need to establish new roads (non-existing) or modify existing ones? The query Existing Road and Non Existing Road in Maharashtra highlights a common concern for developers, landowners, and citizens navigating these processes. This guide breaks down the legal framework, procedures, technical standards, and judicial insights to clarify distinctions and requirements.
Whether you're a property owner facing road widening or a developer planning new infrastructure, understanding these rules ensures compliance and avoids disputes. Note: This is general information based on statutes and cases; consult a legal expert for specific advice.
Maharashtra's road development is regulated by multiple statutes distinguishing procedures for existing roads (widening, upgradation) and non-existing roads (new establishment).
In redevelopment contexts, courts have ruled against municipal flip-flops on road widths. For instance, the () cannot deny permissions citing insufficient road width after initial approvals, invoking and . 2024 0 Supreme(Bom) 399
Alignment with city master plans; no alteration of essential features without approval.
Non-Existing Roads: Proposed alignments needing full establishment:
Technical standards from the Handbook of Basic Static, Maharashtra () set widths:- State Highways: Minimum 30 meters.- District Roads: 12 meters. 2021 0 Supreme(Bom) 1143
Safety features like speed breakers and signage must follow IRC guidelines. 2005 0 Supreme(Bom) 582
Authorities (Municipal Corporations, , ) prepare detailed project reports (DPRs) including environmental impact assessments (EIAs) and land estimates. Projects must align with master plans.
In tender processes for road projects, courts emphasize fair play. Disqualifications must not be arbitrary, as seen in Maharashtra State Road Development Corpn. cases where uniform standards were enforced. 2021 0 Supreme(Jhk) 795 2022 0 Supreme(Jhk) 258
For road ownership disputes, public roads cannot be claimed via . Similar principles apply in Maharashtra, preventing private takeovers of existing public roads. 2022 0 Supreme(Cal) 1625
Courts stress procedural adherence:- Compensation rights and environmental compliance. 2001 0 Supreme(AP) 1091 2021 0 Supreme(Bom) 1143- In redevelopment, the 's refusal to grant further permissions based on insufficient road width was impermissible after initial permissions were granted. 2024 0 Supreme(Bom) 399
Citizens can challenge illegal modifications or poor conditions via grievances. Authorities must provide mechanisms.
Tender fairness under ensures level playing fields, as in 2022 0 Supreme(Jhk) 258 2018 0 Supreme(Raj) 915
| Aspect | Existing Roads | Non-Existing Roads ||--------|----------------|---------------------|| Focus | Widening/Upgradation | Full Establishment || Key Law | MMC Act Sec 12 2001 0 Supreme(AP) 1091 | Act, Acquisition || Standards | IRC, Handbook 2005 0 Supreme(Bom) 582 | Same + Master Plan || Challenges | Compensation, Clearances | Land Acquisition, DPRs |
Establishing or modifying roads in Maharashtra demands strict compliance to avoid litigation. Landowners benefit from fair compensation, while developers must verify road status early.
Conclusion: Navigating existing and non-existing roads involves a blend of statutes, technical norms, and judicial precedents. Stay informed on master plans and IRC standards for smooth projects. For tailored guidance, engage local authorities or legal counsel.
References:- 2001 0 Supreme(AP) 1091- 2021 0 Supreme(Bom) 1143- 2005 0 Supreme(Bom) 582- 2024 0 Supreme(Bom) 399- 2021 0 Supreme(Jhk) 795
This post synthesizes public legal resources; not substitutes for professional advice.
#MaharashtraRoads, #RoadLawIndia, #LandAcquisition
Vide the follow-up Office Order dated 16.11.2016 of the National Board, the exsting/revived posts of A.V.A.C.L. were converted to the post of L.D.C.s w.e.f. 10.11.2016 in the National Board Headquarters and Regional Offices ; and thereupon, the total posts of L.D.C. were notified to be 75 ; and further ... Apart from the Applicant mentioning in his pleadings regarding the non-disposal of his representation dated 16.11.2016, the Respondents had also presented as part of their pleadings as well as in the arguments that the Applicant had not exhausted the rem....
Non-agricultural use permission was accorded by the Collector subject to the conditions mentioned therein. ... Bhandari would submit that even if there is an existing internal road from a layout, it would not automatically vest in the Municipal Council under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the Standardised Building By-Laws and Development Control Rules ... Mehta V/s State of Maharashtra (2015) 3 SCC 154, (3) Prafulla C. ... The State of Maharashtra#HL_....
The second reason for setting aside impugned RL is non-grant of any opportunity of hearing to the Petitioner. ... The issue was with regard to difference in statutory scheme under Section 37 of the Maharashtra Regional Town Planning Act, 1966 and Section 291 (a) of the MMC Act. ... That the said power of sanctioning new road has been bonafide taken by Respondent -MCGM warranting no interference by this Court in exercise of writ jurisdiction. That what is sanctioned on the plot of the Petitioner is not a new road, but onl....
It was the contention of the Appellants in the said application that the petitioners had obstructed their road on 29/06/2018 and petitioners be directed to remove the obstruction on the said road. ... The date of cause of action was mentioned in the application that there was obstruction of the road and then the prayer was made for removal of obstruction. ... The learned Advocate for the respondents submits that the provisions of Section 7 to 10 are not mandatory in nature and in any event if they are held to be mandatory in nature, then ....
PMRDA responded by letter dated 16.9.2019 that 24 meters and 30 meters RP road from the ‘Y’ junction to its connections to Nagar Road and PMC Road should be removed u/s 20(3) of MRTP Act. This road deletion recommendation covers the land of the petitioners. ... The Urban Development Department of the Government of Maharashtra sought PMRDA’s opinion in its letter dated 7.2.2019 about removing the ‘Y’ junction of the proposed 30 meters and 24 meters RP road of Gat No.2329 A (New Gat No.1....
State of Maharashtra and Ors. 2003(3) Mh.L.J. 215, (iii) Ravindra Champalal Khinvsara Vs. State of Maharashtra and Ors.1, (iv) Avtarsingh Indersingh Sodhi Vs. ... VI, VII the land owners of sector No. 6 affected by this 30 meters DP Road proposal should handover land under DP Road with its construction to Municipal Corporation free of cost at the time of submitting the Development Permission proposal. ... It is submitted that there is no provision under the 1966 Act or the Maharashtra Municipal Corp....
There is no case of non-compliance with an IOD condition. ... Cess in this case obviously is a reference to the levy of repair cess under the provisions of the Maharashtra Housing Area and Development Authority Act, 1976 (“MHADA Act”). 8. ... In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article 14 of the Constitution of which non-arbitrariness is a significant facet. ... But it is only now that some functionary in the Ward Office awakens to the road width....
writ petitioner and its men and agents for using the road as public road. ... State Road Transport Corpn. ... In the case of State of Maharashtra v. Narayan Shamrao Puranik & Ors., Reported in (1982) 3 SCC 519, a three Judge Bench of the Hon’ble Supreme Court observed that a statute can be abrogated only by expressed or implied repeal. ... The jurisprudential meaning of desuetude is that long and continued non-use of a particular piece of legislation renders it invalid and ineffective in the sense that ....
In other words, the neighbouring land holder of the defendant has converted his land for non-agricultural purposes and has converted into residential sites. ... While so converting the land to the non-agricultural use, the land owner has adhered to the rules and regulations for conversion and has left space of 10 feet Road North- South. The same is confirmed by the Panchayat when mahazar was drawn. 16. ... Even assuming for the sake of argument that there is a road it is the duty of the panchayat to maintain the #HL_STAR....
Barai for the non applicants. ... Non applicants /respondents have appeared and filed elaborate reply denying all the contentions made in the applications. Non applicants have categorically denied that the applicants were having no knowledge of the order dated 05/09/2019 or that the advocate had not informed them. ... Non applicants have contended that the lock down was declared on 24/03/2020 but before that the non applicants had issued notice to the applicants on 15/11/2019 giving intim....
5. Mr. Sinha puts reliance on a judgment rendered by the Hon’ble Supreme Court in the case of Reliance Energy Ltd. Others reported in (2007) 8 SCC 1, wherein it has been held as under:- & Another Vs. Maharashtra State Road Development Corpn.
And others [(2007) 8 SCC 1, para-36], it is submitted that laying down a level playing field in business is an important doctrine in larger public interest and governed by the rule of law. And another versus Maharashtra State Road Development Corpn. Relying upon the decision in the case of Reliance Energy Ltd.
This court is satisfied that the action of the respondents amounts to disturbing the level playing field as one of the facet of right to life under Article 21 of the Constitution as held by the Supreme Curt in the case of Reliance Energy Ltd. and another Vs. Maharashtra State Road Development Corpn.
(Supra), the Hon'ble Special Bench of the Bombay High Court, considered a contrary view taken by a five-Judge bench of the Hon'ble High Court of Madhya Pradesh in the case of Oriental Insurance Co. Ltd. In the decision of Maharashtra State Road Transport Corpn. v. Chintaman, reported in 1995 ACJ 225 : (AIR 1995 MP 229) (MP). Since substantive right to receive interim compensation in the form of non-fault liability is derived by a claimant under Chapter X, and such right is preserved under the proviso to Section 168 of the Act, we are of the view that the provisions relating....
The Maharashtra state Road Transport Corporation and another. The said caste certificates and the Scrutiny Committee found that the said caste certificates are not issued by the competent authorities and when it was found that the petitioners do not belong to Scheduled Tribe, then the very basis of their appointment is nothing but a fraud. In these petitions, though the question in issue was raised, the same is not categorically answered and on facts, the Court has rejected the Writ Petition after making the following observations:"it is also necessary to make it clear that....
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