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2003 Supreme(Bom) 190

C.K.THAKKER, D.Y.CHANDRACHUD
Nariman Point Association & another – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---Rule, returnable forthwith. Learned Counsel for the respondents waive service. With the consent of the learned Counsel taken up for hearing and final disposal.

2.In these proceedings under Article 226 of the Constitution, the petitioners have sought to challenge in a petition filed in the public interest, a project which involves the construction of a multi storeyed car park together with a commercial complex at Nariman Point, Mumbai.

3.The parcel of land in question comprises of Plot Nos. 240 and 240-A situated at Block III of the Backbay Reclamation area. By a notification dated 15th June, 1983, the State Government appointed the Mumbai Metropolitan Region Development Authority ("MMRDA") as the Special Planning Authority for the undeveloped areas comprised within Blocks III, IV, V and VI of the Backbay Reclamation Scheme. That appointment came to be effected in terms of the provisions of section 40(1)(c) of the Maharashtra Regional and Town Planning Act, 1966 ("the Act"). By a notification dated 1st March, 1985 (and a corrigendum dated 1st July, 1986) MMRDA declared its intention to prepare a Development Plan for the aforesaid blocks. After a













































































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