2023:BHC-AS:39073-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 123 OF 2016 Sandeep Thakur Age: 65 years, Indian Citizen and Inhabitant residing at F8/RH6/Sector 6, Vashi, Navi Mumbai 400 703 ...Petitioner Versus

1. The State of Maharashtra Copy of the petition to be served on Learned Government Pleader.

2. The Navi Mumbai Municipal Corporation having its ofÏce at CBD-Belapur, Navi Mumbai - 400 614

3. City & Industrial Development Corporation of Maharashtra Limited having it's ofÏce at 2nd floor, Nirmal, Nariman Point, Mumbai - 400 021.

4. Commissioner of Police Navi Mumbai having his ofÏce at CBD Belapur, Navi Mumbai

400 614.

5. Ekta JN-1/1-18 Apartment Owner's Association, Plot No.5, Sector No.9, Juhu Nagar, Prabodhankar Thakre Marg, Vashi, Navi Mumbai 400703

6. Kailash Apartment Owner's Association, JN-1/19-45, Sector No.9, Juhu Nagar, Prabodhankar Thakre Marg, akn 1 Vashi, Navi Mumbai 400 703

7. Builders Association of Navi Mumbai A Public Trust duly registered under the provisions of Maharashtra Public Trust Act, 1950 having its ofÏce at OfÏce No. 308/309, Persipolis, Plot No. 74, Sector 17, Vashi, Navi Mumbai 400 703.

8. Nalin Shyamlal Sharma Adult Indian Inhabitant, Proprietor of M/s. Sai Developers, having its ofÏce address at OfÏce No. 901, Goodwill Excellency, Plot No. 62, Sector 17, Vashi, Navi Mumbai 400703. ...Respondents WITH INTERIM APPLICATION NO. 14928 OF 2023 WITH INTERIM APPLICATION NO. 14929 OF 2023 WITH INTERIM APPLICATION NO. 15735 OF 2023 IN PUBLIC INTEREST LITIGATION NO. 123 OF 2016 Mr. Sandeep Thakur, Petitioner-in-person present.

Mr. Tejesh Dande a/w Mr. Bharat Gadhavi, Mr. Vishal Navale, Ms. Trusha Shah, Mr. Vikrant Khare & Mr. Pratik Sabrad for Respondent No.2-NMMC.

Mr. B. B. Sharma for Respondent No. 3-CIDCO.

Mr. M. M. Pabale, AGP for Respondent No. 4-State.

Mr. Sugandh Deshmukh for Respondent Nos. 5 and 6.

Mr. Saket Mone a/w Mr. Devansh Shah i/by Vidhii Partners for Respondent Nos. 7 and 8.

akn 2 CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &

ARIF S. DOCTOR, J.

RESERVED ON : 11^th OCTOBER, 2023 PRONOUNCED ON : 22^nd DECEMBER, 2023 JUDGMENT [Per Chief Justice]:

1. Heard the Petitioner in-person and the learned Counsel representing the Respondents.

2. This Public Interest Litigation (PIL) Petition has been filed expressing concerns about the parking spaces as laid down in the Unified Development Control and Promotion Regulations (hereinafter referred to as “UDCPR”) promulgated by the State Government vide notification dated 02/12/2020 so far as it relates to its application in the territories over which Navi Mumbai Municipal Corporation (hereinafter referred to as “NMMC”

exercises its jurisdiction.

3. The challenge to the impugned provisions of UDCPR is primarily on the ground that the same is absolutely arbitrary in as much as it attempts to nullify and subvert the Interim order dated

05/10/2016 passed by this Court in this PIL Petition.

akn 3

4. It has also been argued by the Petitioner that NMMC vide its AfÏdavit dated 22/09/2016 filed in this Petition had assured the Court that it is willing to further increase the parking requirements by modifying the existing regulations relating to parking norms after the approval of the State Government, however, the said assurance has been given a go-by while promulgating the impugned UDCPR.

5. It has been further argued that by not accepting the recommendations made by the designated ofÏcer while finalizing the impugned provisions of UDCPR, the State Government has acted arbitrarily, which renders the impugned provisions of the said regulations null and void.

6. Opposing the PIL Petition, learned Counsel representing the Respondents have submitted that the impugned provisions of UDCPR are a piece of subordinate legislation and unless the said provisions are shown to be manifestly arbitrary or against any provisions of the Constitution or any other law including Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred t