A.S.OKA, ANUJA PRABHUDESSAI
Rajiv Mohan Mishra – Appellant
Versus
City and Industrial Development Corporation of Maharashtra Ltd. – Respondent
A.S. OKA, J.
1. The submissions of the learned Advocate General and the other parties to the petition including the applicant in Civil Application No. 80 of 2016 and the applicant in Civil Application No. 54 of 2016 were heard on the earlier date. The prayer made by the learned Advocate General was for grant of leave to the State Government to implement the policy of regularization of unauthorized/illegal structures in existence as on 31st December 2015 in the entire State. Clause (xx) of paragraph 40 of the Order dated 28th, 29th and 30th July 2015 passed in these PILs reads thus:
"(xx) We make it clear that this order will not affect the existing Policies of regularization of illegal structures. This order will not prevent the State Government from formulating a fresh policy of regularization of a class of illegal structures within the jurisdiction of three Authorities. However, the policy if formulated, shall not be acted upon without the leave of this Court. Before initiating the process of formulation of such policy, the State Government is bound to consider the law laid down by this Court in this order as regards the legality of such policy."
2. Now, leave is sought of
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