M.S.SHAH, M.S.SANKLECHA
D. B. Realty Limited – Appellant
Versus
State of Maharashtra – Respondent
M.S. Sanklecha, J.
1. This petition under Article 226 of the Constitution of India assails the validity of the Notification dated 8 November 2013 issued by the State of Maharashtra (State) in exercise of its powers under Section 37(1AA) of the Maharashtra Regional Town Planning Act, 1966 ("MRTP Act").
2. The impugned notification contains two schedules, one applicable to the City of Mumbai and other applicable to Municipalities within the State of Maharashtra. The impugned notification issued under the MRTP Act incorporates the Schedules thereto in the Development Control Regulation, 1991 (DCR 1991) as regulations for inclusive housing. The aforesaid amendment to DCR 1991 is applicable to the lands admeasuring 4000 sq.mts. or more to be utilized for residential purposes. In these group of petitions, we are concerned with both the Schedules to the Notification one-issued for the City of Mumbai and the other for the rest of the State. The schedules are identically worded and are being considered herein.
3. For the sake of convenience we would refer to facts in Writ Petition No. 366 of 2014 as a lead Petition. In the context of those facts we shall dispose of these group of petit
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