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2012 Supreme(Bom) 2169

MOHIT S.SHAH, R.V.MORE
Nitin Shankar Deshpande – Appellant
Versus
Registrar General – Respondent


Advocates appeared:
For the Petitioner:Amit Karande with Ulhas T. Naik, Advocates.
For the Respondents:R1, Janak Dwarkadas, Senior Advocate with M.S. Karnik, R2, D.J. Khambata, Advocate General with V.R. Dhond, Special Public Prosecutor, Mrs. Revati Mohite Dere, N.P. Deshpande, AGP, R3, I.M.Chagla, Senior Advocate with F.E. Divitre, Sr.Advocate, J.P. Avasia, Zal Andhyarujina i/b. M/s. Dastur Dadhich & Kalambi, R4, Rafiq Dada, Senior Advocate with Amit Desai, Sr. Advocate, Shyam Mehta, Senior Advocate, C. Rashmikant, Murtuza Federal, Rohan Dakshini i/b M/s. Federal & Rashmikant, Advocates.

Judgment :-

CHIEF JUSTICE

In this petition, purporting to be public interest litigation, the petitioner claiming to be a public spirited citizen has challenged the allotment of plots admeasuring 1400 sq.mts. and 1500 sq.mts. by the State of Maharashtra to two cooperative housing societies-respondent Nos.3 and 4 respectively. The petitioner has also prayed for demolition of the existing structures constructed by the above respondents and has prayed for a direction to the State of Maharashtra to restore the original reservation granted in respect of the above plots. The petitioner has also prayed for a direction to the State of Maharashtra to take action against the State Government officers who had changed the reservation.

2. Before setting out the grounds of challenge, it is necessary to note that the allotment of land admeasuring 1400 sq. ms. was made in favour of respondent No.3 – Nyaysagar Co-operative Housing Society Ltd. (hereinafter referred to as “the Nyaysagar Society”) on 22 June 2004. Construction of the building having 16 flats commenced in April 2006. Construction was completed in December 2008 and the occupancy certificate was issued by the Municipal Corporation for Gre



























































































































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