FAIYYAZ MULLAJI Vs. SECRETARY, URBAN DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) The present PIL petition filed under Article 226 of the Constitution of India seeks the following substantive reliefs:-

(2.) The petitioner is challenging the permissions granted by respondent no.1-The Secretary, Urban Development Department (hereafter "UDD", for short) of the State of Maharashtra, respondent no.2-Mira Bhayandar Municipal Corporation (hereafter "Corporation", for short) and respondent no.3-The Assistant Director, Town Planning Department (hereafter "ADTP", for short) in favour of respondent no.4-Seven-Eleven Hotels Private Limited (hereafter "the Company", for short) to construct star grade hotel on a plot falling under no development zone (hereafter 'NDZ' for short).

(3.) The petitioner claims to be an active member of various NGOs and avers that he had participated in various activities to protect and preserve the environment. It is averred that the petitioner is conscious of the mushrooming growth of structures due to violation of planning laws by the bureaucrats or with their deliberate action/inaction, which ultimately make the members of the public suffer. It is the petitioner's case that the subject plot falls in NDZ. It is averred that permissions are granted by respondent nos.1 to 3 to construct a star grade hotel in utter disregard of the Development Control Regulations (hereafter "DCRs'', for short) for the Corporation.