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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, SOMASEKHAR SUNDARESAN
NGO Alliance for Governance and Renewal (NAGAR) – Appellant
Versus
State of Maharashtra, through the Department of Urban Development – Respondent
JUDGMENT :
Amit Borkar J.
| Table of contents: | |
| A) Submissions of Petitioners : | |
| i) | Background |
| ii) | Constitutional and Doctrinal Grounds |
| iii) | Violation of the Principles of Substainable Development and the Precautionary Principle |
| iv) | No Vested Right to In-Situ Rehabilitation on Reserved Open Spaces |
| v) | Regulation 17(3)(D)(2) Does Not Constitute a New Policy |
| vi) | Planning Committee Report |
| vii) | Challenge to the Applicability of Sections 3X(a), 3X(c) & 37 of the Slum Act in the Context of Reserved Open-Spaces |
| viii) | Judicial Precedents Against In-Situ Rehabilitation on Reserved Lands |
| ix) | Prayer for Reading Down or Striking Down |
| B) Submissions of respondent No.2: | |
| i) | Status of Petitioners and compliance with PIL Rules |
| ii) | Nature of Challenge in the Petition and Grounds of Objection |
| iii) | Grounds in original Petition of 2002 |
| iv) | Grounds Added after amendment in 2022 |
| v) | Background to Development Control Regulations and Policy Evolution |
| vi) | Legal and Factual background to Slum rebabilitation Policy and DCPR 2034 |
| C) Submissions on behalf of respondent No.1-State: | |
| i) | Submissions |
| ii) | Findings & recommendations of the Afzalpurkar Committee |
| iii) | Contextual Background and justification for impugned Regulation |
| iv) | Legal Framework and Va |
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