Administrative action can’t be arbitrary says HC, sets aside Thane civic body decision against builder

Thane Municipal Corporation cannot have the “considerable financial benefit” of receiving Rs 42 crore from a builder as well as development by the builder of a public amenity, a fire brigade station, without keeping its assurance under a buy back policy, the Bombay high court held recently. The HC set aside as “manifestly arbitrary’’ the Corporation’s July 2023 refusal to grant the builder development permission with additional developable space as provided in a 2020 regulation, for its free sale building.