Dilip Anant Jog v. The Principal Secretary, Urban Development Dept. And ORS.

pil-260-14.).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.260 OF 2014 Dilip Anant Jog ... Petitioner

Versus

The Principal Secretary, Urban Development Department (1), Government of Maharashtra and others.

... Respondents Ms. Ashvini A. Takalkar for the petitioner.

Mr. V.B. Thadani, AGP for respondent-State.

Ms. Kiran Bagalia for respondent-MMRDA.

CORAM : MOHIT S. SHAH, C.J.. & B.P. COLABAWALLA, J.

January 20, 2015 P .C.

Leave to make correction in the prayer clause. Correction to be carried out forthwith.

2.

The only prayer in this PIL is for seeking direction to the State Government in the Urban Development Department to take a decision on the letter dated 4 March 2014 (which is to be found at Exhibit 'F' to the petition).

3.

The MMRDA has sought confirmation of their view from the Urban Development Department on the following proposition:- SRK

pil-260-14.).sxw "MMRDA is of the opinion that as per regulation no.1.4(1) of Standardised DC&PRs for Regional Plan areas, special provisions or express provisions made or special regulations as mentioned in the respective sanctioned Regional Plans shall continue to prevail and standarised DC&PRs for Regional Plan shall apply only where the DCRs of MMR have not made express provisions. Thus the permitted activities, maximum permissible FSI and maximum permissible height of buildings in MMR shall continue to be in accordance with the sanctioned DCR of MMR."

4.

Having heard learned counsel for MMRDA and learned AGP, we dispose of this PIL with a direction to the State Government in the Urban Development Department to take a decision on the aforesaid letter dated 4 March 2014 of the MMRDA as expeditiously as possible and preferably within two months from the date of receipt of this order.

5.

PIL accordingly stands disposed of.

CHIEF JUSTICE B.P. COLABAWALLA, J.

SRK