JANHIT MANCH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Returnable forthwith. Heard finally by consent.

(2.) THIS Petition, purportedly filed for public interest, seeks to question the legality of a 56 storied residential building known as 'Palais Royale' and a public parking lot adjacent to it, constructed by Respondent no.5, situated at Worli, Mumbai. According to the Petitioners, the structures are erected in violation of planning norms, and use of discretionary power by the Municipal Commissioner to grant concessions to the respondent no.5, is excessive and bad in law.

(3.) THE Petitioners have filed the petition in the public interest claiming that the Petitioner No.1 is a non governmental organization working for the cause of good governance in the city of Mumbai dealing with various issues as a non political forum. Petitioner No.2 is the Honorary Secretary of the Petitioner No. 1. The Respondent No. 1 is the State of Maharashtra, through Principal Secretary, Urban Development Department (hereinafter referred to as 'the State'). The Respondent No.2 is the Municipal Corporation of Greater Mumbai (hereinafter referred to as "the Corporation") which is also a planning authority for city of Mumbai. Respondent No. 3 is the Municipal Commissioner (hereinafter referred to as "the Commissioner") and Respondent No.4 is the Deputy Chief Engineer of the Respondent No. 2 Corporation. Respondent no. 5 is the Developer of the two structures in question.