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2006 Supreme(SC) 212

S.B.SINHA, P.P.NAOLEKAR
Bombay Dyeing & Mfg. Co. LTD. – Appellant
Versus
Bombay Environmental Action Group – Respondent


Judgment

S.B. Sinha, J.—Leave granted in all SLPs.

Introduction

2. Whether any synthesis between environmental aspects and building regulation vis-a-vis the scheme floated by the Board of Industrial and Financial Reconstruction (for short

‘BIFR’) in terms of the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, ‘SICA’) herein is possible is the core question involved in these appeals.

Background facts

3. The First Respondent herein is a public charitable trust. Its aims and objects, inter alia, are to look after the environment in all respects. It had allegedly initiated and/or participated in matters of environmental importance as regard preservation and improvement wherefor it had moved the court in public interest on several occasions. The Second Respondent herein is said to be the honorary Secretary of the First Respondent and served in various committees appointed by the Central and State Governments as also by the Bombay High Court.

4. The said respondents filed a writ petition questioning the validity of Development Control Regulation No. 58 (DCR 58) framed by the State of Maharashtra in terms of the Maharashtra Regional and Town Planning Act,





















































































































































































































































































































































































































































































































































































































































































































































































































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