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1990 Supreme(SC) 46

K.RAMASWAMY, P.B.SAWANT, RANGANATH MISRA
Shantistar Builders – Appellant
Versus
Narayan Khimalal Totame – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, Anil B.Divan, D.Y.CHANDRACHUD, F.S.NARIMAN, GITANJALI MITHRANI, INDIRA JAISINGH, J.P.PATHAK, M.N.SHROFF, M.P.Vashi, P.H.Parekh, P.M.VAKIL, R.F.NARIMAN, S.K.DHOLAKIA, SHALINI SONI, U.S.DESAI, V.B.NAIK, Y.M.DESAI

Judgement

RANGANATH MISRA, J.:- Respondents filed a writ petition under Art. 226 of the Constitution in the Bombay High Court challenging permission to the builders to escalate the rates in respect of construction permitted on exempted land under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter Act for short). The respondents made an application (Civil Application No. 5748/88) for amendment of the averments in that writ petition but by order dated 12th of December, 1988, the High Court rejected the civil application and refused leave to amend. By a subsequent order dated 16th of December, 1988, in the writ petition, the High Court held :

"The Writ Petition as filed does not survive. It has become infructuous by changed Government policy and the resolutions and letters already referred to in our order under the Civil Application. Hence, the same is dismissed.

We propose to give some directions regarding future monitoring of the scheme. These directions are restricted to this particular project only and although detailed monitoring is desirable with regard to all schemes sanctioned under Section 20, this should be considered by the Government and no directi



















































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