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2016 Supreme(Bom) 903

V.M.KANADE, M.S.SONAK
Imran Suleman Qureshi – Appellant
Versus
Mumbai Building Repair & Reconstruction Board – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manoj Harit i/b. Manoj Harit & Co.
For the Respondents: Mr. V. P. Sawant, Mr. G. W. Mattos, Ms Trupti Puranik, Mr. Rafique Dada, Mr. Milind Sathe, Mr. Chirag Balsara, Mr. Monit Arora with Akshay Doctor i/b. Desai & Diwanji, Mr. Vatsal Merchant with Mr. Sharad Wakchure i/b. Kishore Thakordas & Co.

JUDGMENT :

M. S. Sonak, J.

1. Rule. With the consent and at the request of the learned counsel for the respondents, Rule is made returnable forthwith.

2. The petitioner, who claims to have instituted the present petition in 'public interest', seeks the following substantive reliefs in this petition :

“(a) this Hon'ble court may be pleased to issue an appropriate Writ order or direction in the nature of Writ, calling for record and proceeding relating to the amendment to Clause 2 AND 4 of DCR 33(7) Appendix III, dated 21/05/2011 and after judicially examining the reasonableness, propriety, rationale and the apparent conflict with the Constitutional provisions thereof; the impugned amendment dated 21/05/2011, only with respect to the amendment to Clause 2 AND 4 of DCR 33 (7) Appendix III, may please be quashed and set aside;

(b) this Hon'ble Court may be pleased to direct the Respondent No. 1 & 2 to provide information about all the cases, in island city, in which transfer of “Surplus area” has been permitted under the amended Clause 4 of DCR 33(7) Appendix III, including the transf


























































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