ANWAR HUSSAIN J. THIM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr.Patel, learned Additional Government Pleader waives service for respondent nos. 1 and 2. Mr.M.L.Patil, learned counsel for the respondent no.3 waives service. Rule is made returnable forthwith.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a declaration that the notification no. TPB 4312/CR-45/2012(I)/UD-11 dtd. 8/11/2013 is not applicable to the petitioners.

(3.) The petitioners have also prayed for a writ of certiorari for quashing and setting aside Clause No.3 of the impugned notification dtd. 8/2/2016 to the extent that it leads to a modification in Development Control Regulations. Some of the relevant facts for the purpose of deciding this petition are as under :-