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2023 Supreme(Bom) 326

SANDEEP V. MARNE, S. V. GANGAPURWALA
Indo Nippon Chemical Co. Ltd. – Appellant
Versus
Mumbai Metropolitan Region Development Authority – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. M. Vashi, Sr. Adv. with Aparna Deokar i/b. M/s. M. P. Vashi & Associates.
For the Respondents: Dr. Birendra Saraf with Mr. Dushyant Kumar, Mr. D. N. Mishra and Mr. Y. R. Mishra, Mrs. Shilpa Redkar for MCGM.

JUDGMENT :

(Sandeep V. Marne, J.)

1. Rule. Rule made returnable forthwith. With the consent of the parties, petitions are taken up for final hearing.

THE CHALLENGE:-

2. Petitioners in these two petitions are aggrieved by alignment of Metro Railway Line No.4 since the same affects their properties. The challenge however is not restricted to the extent of alignment affecting Petitioners’ properties, but the entire execution and implementation of Metro Line No. 4 is challenged as being violative of the statutory provisions. Petitioners in Writ Petition No.2820 of 2018 have accordingly sought directions to restrain the respondents from implementing Metro Line No.4 Project and /or taking over its land. Notification dated 23rd March 2017 and Government Resolution dated 30th June 2018 approving alignment of Metro Line-4 and appointing implementing agency are challenged in Writ Petition No.2820 of 2018. By amending the petition notifications dated 25th October 2019, 27th January 2022, 16th February 2022 and corrigendum dated 7th March 2022 initiating land acquisition proceedings are also challenged. In Writ Petition No.1898 of 2019, revision in alignment of Metro Railway Line-4 effected on 2

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