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2014 Supreme(Bom) 2179

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Mumbai International Airport Private Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V. Sridharan, Senior Counsel, Prakash Shah, Jas Sanghavi, Rahul Thakar i/b. PDS Legal
For the Respondents: Pradeep S. Jetly

JUDGMENT :

S.C. Dharmadhikari, J.

1. These two Petitions have been placed before us and both sides requested that they be disposed of finally. We have acceded to this request of the parties and their counsel and accordingly heard them extensively. Hence, Rule. Respondents waive service. By consent, Rule made returnable forthwith.

2. The four essential reliefs that are prayed in this Writ Petition are as under:-

"(a) That this Court be pleased to issue a writ of Mandamus or an appropriate writ, order or direction under Article 226 of the Constitution of India declaring that the Regulation 5(2) of the Handling of Cargo in Customs Areas, 2009 is inapplicable to the Petitioner.

(b) That this Court be pleased to issue a writ of Mandamus or an appropriate writ, order or direction under Article 226 of the Constitution of India declaring that the Regulation 5(2) of the Handling of Cargo in Customs Areas, 2009 is ultra vires section 157and 158 or any other provision of the Customs Act, 1962.

(c) That this Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ or order or direction under Article 226 of the Constitution of India declaring that























































































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