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2019 Supreme(Bom) 1421

S.C.DHARMADHIKARI, R.I.CHAGLA
Sadanand Shankar Mane – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Anil Anturkar, Adv., Nitesh Acharya, Adv., Shraddha S Chaurasiya, Adv., Moin Khan & Anjali Awasthi, Adv., Rajkumar Awasthi (Petitioner-In-Person), Adv., Ashif Husain, Adv., Altaf Khan, Adv., Ashutosh A Kumbhakoni, Adv., P.H. Kantharia, Adv., Geeta R Shastri, Adv., Milind More, Adv., M.M. Salgaonkar, Adv., Kiran Bagalia, Adv., Chitra Phadke, Adv., Javed Shaikh, Adv., Kejali Mastakar, Adv.

JUDGMENT :

S.C. Dharmadhikari, J.

The writ petitions and the Public Interest Litigation (PIL) involve common questions of fact and law. They were heard together and are being disposed of by this common judgment. We take, for the sake of convenience, the facts from Writ Petition No. 841 of 2012.

2. By this petition (WP/841/2012) under Article 226 of the Constitution of India, the petitioners have challenged the Constitutional validity of Sections 17(2) and 32(1) (Proviso) of the Mumbai Metropolitan Region Development Authority Act, 1974 (for short, "the MMRDA Act").

3. We have noted that on this writ petition, detailed orders have been passed by this Court earlier. It is in these circumstances and in view of the order dated 19th March, 2012 and further orders, we grant Rule on these petitions. Since affidavits have been filed and detailed arguments have been canvassed, with the consent of the parties, we dispose of the petitions finally.

4. The petitioners in this case are citizens of India. They have their premises located at the addresses mentioned in the cause title. These premi

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