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2018 Supreme(Bom) 1876

SHANTANU S.KEMKAR, NITIN W SAMBRE
NORMANDIE COOPERATIVE HOUSING SOCIETY LIMITED – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
Janak Dwakardas, Adv., Rohan Cama, Adv., Zulfikar Jariwala, Adv., Tamanna Tavadia Naik, Adv., Shanay Shah, Adv., Natasha Gupta, Adv., Geeta R Shastri, Adv., A.Y. Sakhare, Adv., Rohan Mirpury, Adv., Trupti Puranik, Adv., Nasir Ali Shaikh, Adv., Rafique Dada, Adv., Milind Sathe, Adv., Birendra Saraf, Adv., Chirag Balsara, Adv., Naushad Engineer, Adv., Aditya Mehta, Adv., Jehaan Mehta, Adv., C. Rashmikant, Adv., Rohan Dakshini, Adv., Shweta Jaydev, Adv., Anuja Abhyankar, Adv., Federal Rashmikant, Adv., Desai & Diwanji, Adv., P.K. Dhakephalkar, Adv., Jaya Bagwe, Adv., Sharmila U Deshmukh, Adv.

JUDGMENT :

1. This petition is by residents of Carmichael Road who claim to be active in preserving the area and surrounding, much less the heritage precinct in the area. It is claimed by the petitioners that they are residents of the area referred i.e. Carmichael Road and are deeply affected by the illegal actions on the part of the respondents which includes the State, Municipal Corporation of Greater Bombay, Maharashtra Housing and Area Development.

Amongst other, the prayer moved by the petitioners is the declaration against respondent no. 9 as regards the illegal permissions granted by respondent nos. 1 to 8 & 10 for carrying out the redevelopment in its favour, which are alleged to be violative of Articles 14 & 21 of the Constitution of India. It is also prayed that the declaration be granted that respondent no. 3 has illegally exercised powers. The Municipal Commissioner of Greater Bombay has illegally exercised the powers under Regulation 67 (2) (iii) (b) of the Development Control Regulations (Hereinafter referred to as 'DCR') whereby permission and sanction was granted in favour of respondent no. 9 to carry out construction of building in excess of 24 meters height which is





















































































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