JAYANT ACHYUT SATHE Vs. JOSEPH BAIN D SOUZA

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in these appeals is to the judgment of the bombay High Court which while holding that Regulation 33 (7) of the Development Control Regulations, 1991 (in short the 'regulations') for the city of Mumbai as amended in the year 1999 does not suffer from any illegality, further observed that the same applies only to dilapidated buildings of 'a' category which satisfy the requirement and those declared prior to the monsoon of 1997 under 3rd proviso are covered under regulation 33 (7) and are entitled to extra "floor Space Index" (in short 'fsi' ). It also directed that certain site space has also to be provided.

(3.) STAND of appellants in these appeals is that the amended regulation 33 (7) came into force on 25th January, 1999 after inviting suggestions/objections from the public at large under section 37 of the Town Planning Act, 1966 and after considering the same. Neither any suggestions nor any objections were filed by the writ petitioners nor did they challenge the said amended D. C. Regulation 33 (7) from 1999 till October, 2004. In other words there was a delay of nearly 6 years.