BEST WORKERS UNION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Shyam Divan, learned senior counsel appearing for the petitioner; also heard the Attorney General appearing on behalf of the Brihan Mumbai Electric Supply and Transport Undertaking ('BEST', hereinafter), Mr. C. U. Singh, learned senior counsel for Municipal Corporation, Greater Mumbai and Mr. Sorabjee learned senior counsel representing respondent No.7.

(2.) The government of Maharashtra made an amendment in regulation 9 of the Development Control Regulations for Greater Bombay, 1991 and inserted an explanation into it vide notification dated July 27,2006 issued under section 37(2) of Maharashtra Regional and Town Planning Act, 1966 ('the Act' hereinafter). On the basis of the amendment in Regulation 9, the BEST entered into a development agreement dated May 18, 2007 with respondent No.7 in respect of a piece admeasuring 27,913.93 sq. metres, being part of a much larger block of land measuring 1,54,082.40 sq. metres that had come to the BEST following acquisitions made by the State government in the years 1973 and 1974 for its different purposes. In pursuance of the development agreement, and in the absence of any interim order of restraint by the court respondent No.7 went ahead with making constructions over the piece of land in question and we were told in the course of hearing that more than one multi storied buildings (over 40 stories each) were already constructed over the land.

(3.) The petitioner is a trade union of the workers of the BEST and it is recognized by the management as representative of the workmen. In that capacity it assails the government notification amending Regulation 9 and it also challenges the action of the BEST, on the basis of the amended notification, to give away a large chunk of its land, on long term lease (60 years and renewable), to respondent No.7.