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2018 Supreme(Bom) 1634

A.S.OKA, A.K.MENON
Rajiv Mohan Mishra – Appellant
Versus
City and Industrial Development Corporation of Maharashtra Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Aspi Chinoy, Senior Advocate i/b Mr.Datta Mane
For the Respondent:Mr. G.S. Hegde i/b G.S. Hegde & Associates, Ms Shyamali Gadre i/b Little & Co., Mr. Sandeep Marne, Mr. A.Y. Sakhare, Senior Advocate a/w Mr. A. B. Vagyani, GP with Ms Shruti Vyas, AGP ‘B' Panel and Mr. Rohan Mirpury,

JUDGMENT :

A.S. OKA, J.

As can be seen from the administrative order passed by Hon'ble the Acting Chief Justice on 6th February 2018 (which is on the file of PIL No. 82 of 2017), these matters have been specially assigned to this Bench.

1 One of the issues involved in this group of Public Interest Litigations is of the validity of section 52-A of the Maharashtra Regional and Town planning Act, 1966 which provides for en-bloc regularization of a very large number of illegal structures constructed in the State on or before 31st December 2015. The issue is whether the concept of town planning will be thrown to winds if the said provision is implemented. The contention is that the very concept of town planning is sought to be destroyed and defeated by enacting section 52-A. We are reminded of what Socrates said:

“By far the greatest and most admirable form of wisdom is that needed to plan and beautify cities and human communities.”

Benjamin Franklin supposedly said once

“If you fail to plan, you are planning to fail.”

OVERVIEW

2. With a view to reduce the congestion in the city of Mumbai,












































































































































































































































































































































































































































































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