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1991 Supreme(Bom) 589

M.L.PENDSE, N.D.VYAS
Property Owners Association and others – Appellant
Versus
State of Maharashtra and others – Respondent


Judgment

M.L. PENDSE, J.:---By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging Constitutional validity of Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976 (hereinafter referred to as the "Act"). The petitioner No. 1 are an Association of Property Owners who claims to protect the interest of owners of immovable properties in City of Bombay. The petitioners Nos. 2 to 5 are Trustees of a Public Charitable Trust, while petitioner No. 6 is a landlady of a house situated at Matunga. The petitioners Nos. 7 to 17 are owners of diverse properties and claim that their properties are structurally sound and the Floor Space Index (F.S.I.) in respect of these properties is not exhausted and is available for further construction.

2. Before adverting to the challenge raised in the petition, it is necessary to refer to the Legislative provisions which are relevant to appreciate the contentions raised in the petition. The land available for housing in the island City of Bombay is very limited due to geographical limitations and Bombay City being the commercial capital of the country, the pressure on the limited availability of





























































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