JUDGMENT :

V. Gopala Gowda, J.

Leave granted.

2. My sister Justice Gyan Sudha Misra has delivered the Judgment today in this matter by dismissing the Special Leave Petition holding that it has become infructuous. I am in respectful disagreement with the view expressed by Her Ladyship in this matter. As I received draft judgment in the evening of 24th April, 2014, I could not deliver judgment. I am of the view that the leave has to be granted and civil appeal has to be allowed. In the proceedings, it is stated that reasons would follow, that is why I am releasing this reasoned judgment.

Pursuant to the order of the High Court of Judicature at Bombay dated 13.05.2013 passed in Public Interest Litigation Petition No. 43 of 2012 filed by the appellants, 13 issues of violations and breach of Development Control Regulations for Greater Mumbai, 1991 (for short "the DCR") and the Maharashtra Regional and Town Planning Act, 1966 (for short "the MRTP Act") were raised.

3. Out of the 13 issues raised in the said writ petition, which were in two parts, six issues (in Part-A) were remanded to the Municipal Commissioner for reconsideration and re-examination and (Part-B) Eight issues were finally dec