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1999 Supreme(Bom) 168

B.N.SRIKRISHNA, S.S.PARKAR
Vijay Krishna Kumbhar – Appellant
Versus
State of Maharashtra and others – Respondent


Judgment

B.N. SRIKRISHNA, J.:---These two petitions are in the nature of public interest litigation, the first at the instance of a journalist from Pune and the second at the instance of a Corporator of Pune Municipal Corporation. These petitions under Article 226 of the Constitution broadly challenge the action of the first respondent, the State of Maharashtra and the Commissioner of Pune Municipal Corporation (hereinafter referred to as ""P.M.C"") in granting building permission to respondent Nos. 7 and 8 for construction of a building on Final Plot No. 110, Erandwana, Pune. The petitions also allege that the action of the Commissioner of P.M.C. was at the behest of respondent No. 5 who was the Chief Minister of the Government of Maharashtra at the material time and contrary to the provisions of the Maharashtra Regional And Town Planning Act, 1966, (hereinafter referred to as ""the M.R.T.P. Act""). It is contended that the said buildings permission is not only illegal, but also vitiated as it has been procured by sheer abuse of power. While the first petition seeks relief by way of demolition of the offending construction, the second petition seeks a direction to the P.M.C to acq





























































































































































































































































































































































































































































































































































































































































































































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