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2010 Supreme(Bom) 754

F.I.REBELLO, A.A.SAYED
Amit Maru – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. MUKUL ROHATGI, Sr. Counsel with Mr. MAHESH AGARWAL and Mr. KIRAN BHALERAO i/by Mr. K. P. BHALERAO, for the Petitioners in PIL 94 of 2008.
Mr. D. D. MADAN, Sr. Counsel with Mr. C. S. BALSARA and Mr. MOHAMED HIMAYATULLA, i/by Negandhi Shah & Himayatulla, for Petitioners in W.P. No.2443 of 2008.
Mr. RAVI KADAM, Advocate General with Mr. D. A. NALAWADE, Government Pleader and Mr. N. P. DESHPANDE, A.G.P., for State in all matters.
Mr. K. K. SINGHVI, Sr. Counsel with Ms. S. A. MODULE, for B.M.C. In all matters.
Mr. JANAK DWARKADAS, Sr. Counsel with Mr. PRAVIN SAMDANI, Sr. Counsel, Mr. RAHUL DWARKADAS, Mr. NEVELLE MUKHERJI and Ms. BRIGITTA JOHN and RHEA MARSHAL i/by M/s. Wadia Gandhy & Co., for the intervenor MCHI in PIL No.94 of 2008.
Mr. YOGESH ADHIA, for Applicant in Chis. No.134 of 2008 in PIL No.94 of 2008.
Mr. ROBERT C. SEQUEIRA, for Applicant in Chi s. No.81/10 in PIL No.94 of 2008.
Mr. PRAVIN SAMDANI, Sr. Counsel, Mr. NEVELLE MUKHERJI i/by M/s. Wadia Ghandy & Co., for Intervenors - MCHI In W.P. No.2443 of 2008.

Judgment

FERDINO I. REBELLO, J.:- Rule in the Petitions. Respondents waive service. With consent of parties and as the pleadings have been completed and as per directions of the Supreme Court, these petitions are being heard and finally disposed of.

2. In both the petitions, there is challenge to the following Notifications. Notification dated 10.4.2008 issued under section 37(1) read with Section 154 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as MRTP Act) proposing amendments to D.C. Regulation 32 and a direction bringing it into force. The State Government immediately then issued another notification dated 11.7.2008 in purported exercise of its powers under Section 37(1)(A) of the M.RT.P. Act. Subsequent thereto a notification has been issued on 3.10.2008 sanctioning the modification to Regulation 32 of the Development Control Regulation for Maharashtra 1991 under Section 37(2) which hereinafter shall be referred to as the impugned regulation. For the purpose of deciding the questions which arise the averments in PIL are being set out. The averments in Writ Petition No.2443 of 2008 will be referred to the extent that they are not set out in PIL

























































































































































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