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2013 Supreme(Bom) 988

MOHIT S.SHAH, N.M.JAMDAR
Janhit Manch – Appellant
Versus
State of Maharashtra Through the Principal Secretary – Respondent


Advocates Appeared:
For the Petitioner:Navroze Seervai, Senior Advocate with Gulnar Mistry, Ranbir Singh, Devika Deshmukh i/by Bharucha Partners, Advocates.
For the Respondents:R1, G. W. Mattos, AGP, R2, R3 & R4, Dr. Birendra Saraf with Sharmila Modle, Yamuna Parekh, R5, Milind Sathe, Senior Advocate with Gaurav Joshi, Lalit Kataria, Shamsher Garud i/by M/s Jaykar & Partners, Advocates.

Judgment :-

N.M. Jamdar, J.

1. Rule. Returnable forthwith. Heard finally by consent.

2. This Petition, purportedly filed for public interest, seeks to question the legality of a 56 storied residential building known as ‘Palais Royale' and a public parking lot adjacent to it, constructed by Respondent no.5, situated at Worli, Mumbai. According to the Petitioners, the structures are erected in violation of planning norms, and use of discretionary power by the Municipal Commissioner to grant concessions to the respondent no.5, is excessive and bad in law.

3. The challenge is to the approvals and commencement certificates in respect of the residential building and Public Parking Lot (hereinafter referred to as “PPL”). A writ of mandamus is also sought for demolition of additional floors of the Residential Building.

4. The Petitioners have filed the petition in the public interest claiming that the Petitioner No.1 is a non-governmental organization working for the cause of good governance in the city of Mumbai dealing with various issues as a non-political forum. Petitioner No.2 is the Honorary Secretary of the Petitioner No. 1. The Respondent No. 1 is the State of Maharashtra, throug

























































































































































































































































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