SHANTI G PATEL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition under Article 226 of the constitution of India, the petitioners pray for issuance of a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate writ, order or direction declaring Section 37 (1-AA) of the Maharashtra Regional and Town planning Act, 1966 as violative of the 74th Constitutional Amendment to the constitution of India (Article 243 (W)) and Schedule XII, Items i) and ii) thereto as also Maharashtra Metropolitan Planning Committees Act 1999. It is not necessary to make a reference to other reliefs sought in this petition because it is common ground that they are identical to those claimed in Public Interest litigation/writ Petition No. 482 of 2005. Our judgement and order in that petition would, therefore, govern those reliefs. The challenge to the constitutional validity of Section 37 (1) (AA) of the Maharashtra Regional and Town planning Act, 1966 arises in the following factual background.

(2.) PETITIONERS before us are public spirited citizens. They are concerned with reduction of open spaces and public amenities as well as areas earmarked for public housing, by Planning Authority and State of Maharashtra, in Greater Mumbai. It is their case that if lung space as also the areas earmarked for public housing are reduced then the constitutional mandate enshrined in Articles 14, 21 and 48-A would be defeated and frustrated. The reason which has prompted them to come to this Court is because of an amendment to the Development Control Regulations for Greater Mumbai and more particularly Regulation 58 thereof.

(3.) FOR brevity's sake Constitution of India shall be referred to as the Constitution, maharashtra Regional and Town Planning Act, 1966 shall be referred to as MRTP Act, Development Control Regulations for Greater Mumbai as D. C. Rules, Mumbai Municipal Corporation as BMC, National Textile Corporation as ntc and Maharashtra Housing and Area Development Authority as MHADA.