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2022 Supreme(Bom) 1023

R.D.DHANUKA, KAMAL KHATA
Anwar Hussain J. Thim – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Girish S.Godbole, i/b. Ms.Shrushti Tulpule
For the Respondent: Mr.A.I.Patel, Additional G.P. a/w. Mr.A.A.Alaspurkar, A.G.P., Mr.Murlidhar L. Patil

JUDGMENT :

R.D.Dhanuka, J.

Rule. Mr.Patel, learned Additional Government Pleader waives service for respondent nos. 1 and 2. Mr.M.L.Patil, learned counsel for the respondent no.3 waives service. Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a declaration that the notification no. TPB 4312/CR-45/2012(I)/UD-11 dated 8th November, 2013 is not applicable to the petitioners.

3. The petitioners have also prayed for a writ of certiorari for quashing and setting aside Clause No.3 of the impugned notification dated 8th February, 2016 to the extent that it leads to a modification in Development Control Regulations. Some of the relevant facts for the purpose of deciding this petition are as under :-

4. On 23rd July, 2007, the State of Maharashtra declared its housing policy in order to facilitate affordable housing in urban and rural areas and create an adequate housing for Lower Income Group (LIG) and Economically Weaker Section (EWS) on ownership basis or rental basis vide resolution dated 17th July, 2008 and directed the Municipal Corporations to modify their sanctioned Development Control Regulations

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