JUDGMENT

S.B. Sinha, J. —

Leave granted.

1.In the Metropolitan Town of Mumbai there exist a large number of Slums. 55 % population of Greater Bombay does not have authorized shelter. Nearly 2525 hectares of lands in the City are under slums. Lands occupied by slums are allocated for different users, and are designated, reserved or allotted for various existing or proposed public purposes in the draft or final revised Development Plan of Greater Bombay.

2.For rehabilitation of the slum dwellers living in distress the Legislature of Maharashtra enacted the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as ‘the 1966 Act’) in terms whereof respondent Nos. 2 and 4 are treated to be planning authorities as would appear from Section 2(19) thereof.

3.Section 2(27) defines “regulation” to mean a regulation made under Section 159 of this Act and includes zoning, special development control regulations and other regulations made as a part of a Regional Plan, Development plan, or town planning scheme.

Grant or refusal of permission for development is governed by Section 45, which reads thus:-

“45.Grant or refusal of permission.

(1)On receipt of an application under section 4