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2023 Supreme(Bom) 286

SUNIL B. SHUKRE, M. W. CHANDWANI
Jamshid Kersi Dalal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.V. Anturkar, Senior Advocate a/w Mr. Dormaan J. Dalal i/b Mr. Ranjit D. Shinde
For the Respondent: Ms. R.M. Shinde, A.G.P., Mr. Abhijit P. Kulkarni a/w Ms. Sweta Shah a/w Mr. Aditya Mahadik a/w. Mr. Krushna Jaybhay, Mr. G.S. Godbole i/b Mr. Rahul Soman & Mr. Shon D. Gadgil

JUDGMENT :

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

3. These petitions raise a common challenge to the legality and correctness of substantial modifications, modification nos.EPR-19 and EPR39, in respect of proposed 12 mtr. D.P. Road made in Schedule-A, Part-C of the notification dated 17th February, 2018 issued by the State Government sanctioning a Draft Development Plan for the original limit of Pune Municipal Corporation.

4. The petitioners, in these petitions, are residents of Sopan Baug, Cooperative Housing Society, Ghorpadi, Pune and their houses are situated in Survey No.59 and 58 bearing CTS No.503. They claim that their Survey No. (old) 59 is abutting Survey No.61 and as the proposed 12 mtr. D.P. Road passing through Survey No.61 and 62 cuts through the Green Belt situated in Survey No.61 and 62 and has also a potential to block the adjoining Nala and cause more pollution, there is a legal injury to them and, therefore, they have a right to challenge the notification dated 17th February, 2

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