SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2006 Supreme(SC) 617

ARIJIT PASAYAT, S.H.KAPADIA
Jayant Achyut Sathe – Appellant
Versus
Joseph Bain DSouza – Respondent


JUDGMENT

Arijit Pasayat, J. — Leave granted in each case.

2. Challenge in each of these appeals is to the legality of the judgment rendered by a Division Bench of the Bombay High Court at Bombay in a Public Interest Litigation filed by three citizens essentially questioning legality of Regulation 33 (7) of the Development Control Regulations, 1991 (in short the Regulations). These Regulations came into force with effect from 20th March, 1991. According to writ petitioners it is in essence delegated legislation under the Maharashtra Regional and Town Planning Act, 1966 (in short the Act). The writ petitioners questioned the amendment brought in 1999 which provided for a minimum Floor Space Index (in short FSI) of 2.5 plus Additional FSI required for rehabilitation of existing tenants plus incentive FSI on several grounds.

3. The present appellant resisted the claim.

4. The High Court instead of deciding the core issue has by the impugned judgment appointed some Committees to look into several aspects which according to it had relevance for the basic and recurring problems.

5. In support of the appeals, learned counsel for the appellants submitted that the High Court instead of decidi





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top