NEHRU NAGAR SOUBHAGYA COOPERATIVE HOUSING SOCIETY REGISTERED UNDER THE PROVISIONS OF THE MAHARASHTRA CO Vs. STATE OF MAHARASHTRA THROUGH ITS DEPARTMENT OF HOUSING & SPECIAL ASSISTANCE & URBAN DEVELOPMENT, HAVING ITS OFFICE AT MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Counsel appearing on behalf of the Respondents waive notice. With the consent of the learned Counsel appearing for the respective parties, matter is heard finally and is being disposed of at the stage of admission itself.

(2.) Heard the learned Counsel appearing for the respective parties.

(3.) By this petition filed under Art. 226 of the Constitution of India, the Petitioner is seeking a direction that the discretion to select between Option Nos.(i) and (ii) contained in Clause (2)(c) of DCR 33(5) rests with the concerned society/developer undertaking the redevelopment schemes under DCR 33(5). The Petitioner has also prayed for quashing and setting aside of :