SHANTISTAR BUILDERS Vs. NARAYAN KHIMALAL TOTAME

JUDGEMENT

(1.) 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 and 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 :

(2.) At the initial stage of hearing of this appeal we had been told that the State of Maharashtra was considering the formulation of certain guidelines in respect of constructions over exempted lands covered under S. 20 of the Act and at the close of the hearing the formulation of the State Government has been placed for our consideration.

(3.) A Constitution Bench of this Court in Union of India v. Valluri Basavaiah Chaudhary, (1979) 3 SCR 802 : (AIR 1979 SC 1415), while dealing with a dispute relating to the vires of the Act stated (at p. 1419 of AIR):