BAYER INDIA LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This special leave petition is directed against the judgment of a Division Bench of the Bombay High Court in Writ Petition No. 4497 of 1990. The High Court allowed the said writ petition and struck down a communication from the Bombay Municipal Corporation, respondent No. 2 herein, informing the petitioners in the said writ petition, who are arrayed as respondents Nos. 3 to 18 before us, that their application for permission to develop the property, namely, the land in question situated at village Balkum near Thane, was rejected in view of the representations submitted to the Government by the owners of the chemical factories situated in the said village, who are the appellants/petitioners herein that no building construction permission should be granted within a certain distance from the said factories. The petitioners in the Special Leave Petition are some of the said chemical factories. They were not joined in the writ petition as respondents and have prayed for leave to file the Special Leave Petition on the ground that the judgment adversely affects them and they are aggrieved by the same.

(2.) Permission is granted. Leave is granted. Counsel heard.

(3.) We find that appellants can be said to be parties aggrieved by the impugned judgment, even if they are not regarded as necessary parties in the writ petition. In the facts and circumstances of the case, we find that there is no need to set aside the impugned judgment of the Bombay High Court at the instance of the appellants. The appellants are, however, given liberty to file a review petition before the Bombay High for reviewing the impugned judgment, within a period of four weeks from today. In our opinion, it is proper that the entire controversy to which the judgment relates should be determined in the light of the submissions which may be made by the appellants.