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2025 Supreme(Bom) 1452

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ, GAUTAM A. ANKHAD, J.
Pawan Rajaramrao Kadam – Appellant
Versus
The State of Maharashtra and Others – Respondents
Writ Petition No. 6746 of 2024, Writ Petition No. 12870 of 2025, Writ Petition (ST) No. 17210 of 2024, Writ Petition (ST) No. 31132 of 2025
Decided On : 10-12-2025
Advocates Appeared : 
For the Appellants : Mayur Khandeparkar, Chinmay Acharya, Kevin Pereira, Balkrishna G. Tangsali, Anil V. Anturkar, Yatin Malvankar, Vaibhav Thorave, Anil Y. Sakhare, A.L. Mirza, Mandar Limaye 
For the Respondents : Pravin Samdani, Aqil Khan, Insha Shaikh, Sauda S. Nachan, Afsha Khan, Dawood Khan, Girish Godbole, Rahul Soman, Vijay Kumar Aggarwal, Ashutosh A. Kumbhakoni, Neha Bhide, Shruti D. Vyas, Vaibhav Charalwar, G.R. Raghuwanshi, R.M. Patne, Sameer Patil, Rahul Sinha, Soham Bhalerao, Harshit Tyagi, Prasad S. Dani, Sarang S. Aradhye, Gauri Velankar, Bharat R. Zavberi

The court underscored the importance of balancing developer interests with regulatory compliance in assessing development proposals.

Headnote:(A) Writ Jurisdiction - Review of Development Projects - The court examined arguments related to the legality and procedural adherence of development proposals in a reserved hearing. The essence concerned balancing interests of developers against regulatory frameworks. (Paras 1-4)

Facts of the case:
The case revolves around multiple writ petitions challenging development projects involving various parties, including a developer and industry associations. The arguments centered on procedural compliance and stakeholder interests.

Findings of Court:
The court noted the importance of thorough arguments presented by counsel for both sides before reserving the judgment for consideration.

Issues: The primary issues included assessing the compliance of development proposals with legal requirements and stakeholder rights.

Ratio Decidendi: The court emphasized the necessity of balancing developer interests with regulatory frameworks to ensure fair adjudication and adherence to legal standards.

Result: Judgment reserved for future consideration.

Table of Content
1. arguments presented by the parties. (Para 1 , 2 , 3)
2. judgment reserved after arguments. (Para 4)

JUDGMENT :

1. Mr. Pravin Samdani, the learned senior counsel for the respondent-Developer in Writ Petition No.6746 of 2024 has concluded his arguments. Mr. Vijay Kumar Aggarwal, the learned counsel for the respondent no.5-CREDAI-Banm-Raigad Welfare Association adopted the arguments advanced by Mr. Pravin Samdani, the learned senior counsel for the respondent-Developer. Mr. Anil Sakhare, the learned senior counsel for the petitioner in Writ Petition (St) No.31132 of 2025 made his submissions.

2. In rejoinder, Mr. Mayur Khandeparkar, the learned counsel for the petitioner in Writ Petition No.6746 of 2024 made his brief submissions.

3. The learned counsels for all the parties have concluded their arguments.

4. The judgment is reserved.

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