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2011 Supreme(Bom) 623

D.G.KARNIK, MOHIT S.SHAH
Jamshed Kanga – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared
For the Petitioners:Vivek Menon with Gautam Patel and T. Jariwala i/b Thakore Jariwala & Associates, Advocates.
For the Respondents:R7, D.J. Khambata, Additional Solicitor General with C.S. Balsara i/b A.S. Dayal Associates, Ravi Kadam Advocate General with K.R. Belosey with N.P. Pandit, A.G.P., K.K. Singhvi, Senior Advocate for the BMC, R4, G. Hariharan, Advocates, Janak Dwarkadas, Senior Advocate with Mr. D.D. Mehta i/b Madekar & Co. for the applicants (interveners).

Judgment :-

D.G. Karnik, J.

1. By this petition, the petitioners challenge the order dated 9 July 2009 passed by the then Chief Minister Mr. Sushilkumar Shinde allowing an appeal under section 47 of the Maharashtra Regional Town Planning Act, 1966 (for short “the MRTP Act”) and thereby granting permission to the respondent 7, the Western India Football Association (for short “WIFA”) permission to develop a plot of land bearing C.S. No. 4, Fort Sub-Division, Mumbai (commonly known as “the Cooperage plot”) by carrying out construction to the extent of 12052 sq. m (about 1,29,700 sq. feet) consuming 0.5 FSI of the total recreational ground admeasuring about 28,412 sq. m. The petitioners also seek a direction to the respondents restraining them from permitting in any manner the use of Cooperage plot in the Cooperage area for non-sporting activities such as holding of wedding receptions and other social functions unrelated to sports. The petitioners have also challenged the vires of section 91AA(2) of the Bombay Municipal Corporation Act, 1888 which in the year 1996 was renamed as Mumbai Municipal Corporation Act, 1888 (for short “the MMC Act”).

2. The petition has been filed in the pub

















































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