IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
State Government directed to take a decision on development control regulations sanction by 31st March 2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.106 OF 2014
Mr. Purushottam Salvi. .. Petitioner Vs State of Maharashtra and Others. .. Respondents
Ms. Swati Sawant along with Ms. Leena Sawant i/by Veera Vaman Shinde for the Petitioner. Shri V.P. Malvankar, AGP “B” Panel for Respondent Nos.1, 2 and 4.
CORAM : A.S. OKA & G.S.KULKARNI, JJ DATED : 22ND SEPTEMBER 2014
P.C.
. Heard learned counsel appearing for the Petitioner. Today
the learned AGP has tendered an affidavit of Shri Noreshwar Raghunathrao Shende, the Joint Director of Town Planning, Konkan Division, Navi Mumbai. The affidavit records that the proposal for according sanction to the Development Control Regulations has been scrutinized at the level of the State Government and has been submitted for final approval. It is stated that in view of the applicability of the Code of Conduct from 12th September 2014, a final decision can be taken only after a new Government is sworn in. We accept the statements recorded in Paragraph 6 of the said affidavit. Paragraph No.5 of the said affidavit records that the time is available for the State Government to take decision on the proposed Development Control Regulations upto 7th April 2015.
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ORDER :
(a) We direct the State Government to take a decision on the issue of according sanction to the development control regulations for 27 villages within the limits of the City of Municipal Corporation of Kalyan and Dombivali;
(b) We direct that a decision shall be taken not later than 31st March 2015;
(c) The Public Interest Litigation is disposed of on above terms;
(d) For reporting compliance, this PIL shall be listed on board on 1st April 2015.
(G.S.KULKARNI, J)
( A.S. OKA, J )
Purushottam Salvi
State of Maharashtra
A.S. OKA
G.S. KULKARNI
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
