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2004 Supreme(Bom) 707

H.L.GOKHALE, R.S.MOHITE
Rajendra Thacker & others – Appellant
Versus
Municipal Corporation of Greater Mumbai & others – Respondent


Judgment

MOHITE R.S., J.:---These two writ petitions seek to prevent the proposed regularisations of several un-authorised constructions in Mumbai city. Since both the petitions are filed in public interest, arise out of a common background of facts and involve the same questions of law, they are being heard and disposed of together.

2.A brief chronology of the relevant facts is as under:

(a)According to the petitioners they learnt from Newspaper reports that 154 buildings had been erected in an irregular manner by committing violations of the provisions of the Development Control Rules. These violations were mostly in the R-ward and K-ward of the Bombay Municipal Corporation, comprising of areas in Dahisar, Borivali, Kandivali, Andheri and Bandra. From the facts available, the petitioners noted that a few architects were responsible for these violations and that there was a nexus between the officers of the Bombay Municipal Corporation and these few architects, in as much as, on noticing the irregularities, the Bombay Municipal Corporation would only issue stop work notices but would take no follow up action of demolition in pursuance thereof. Further the Bombay Municipal Corporation


























































































































































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