BOMBAY DYEING AND MFG CO LTD Vs. BOMBAY ENVIRONMENT ACTION GROUP
LAWS(SC)-2006-3-10
SUPREME COURT OF INDIA
Decided on March 07,2006

BOMBAY DYEING AND MFG.CO.LTD. Appellant
VERSUS
BOMBAY ENVIRONMENTAL ACTION GROUP Respondents

JUDGEMENT

S.B.SINHA, J. - (1.) LEAVE granted in all SLPs.
(2.) WHETHER any synthesis between environmental aspects and building regulation vis-a-vis the scheme floated by the Board of Industrial and Financial Reconstruction (for short 'BIFR') in terms of the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, 'SICA') herein is possible is the core question involved in these appeals. The First Respondent herein is a public charitable trust. Its aims and objects, inter alia, are to look after the environment in all respects. It had allegedly initiated and/or participated in matters of environmental importance as regard preservation and improvement wherefor it had moved the court in public interest on several occasions. The Second Respondent herein is said to be the honorary Secretary of the First Respondent and served in various committees appointed by the Central and State Governments as also by the Bombay High Court. The said respondents filed a writ petition questioning the validity of Development Control Regulation No. 58 (DCR 58) framed by the State of Maharashtra in terms of the Maharashtra Regional and Town Planning Act, 1966 [for short "the MRTP Act"]. The Respondents in the writ application, some of whom are Appellants herein, were/are owners of various cotton textile mills.
(3.) DCR 58 admittedly was made by the State of Maharashtra with a view to deal with the situation arising out of closure and/or unviability of various cotton textile mills occasioned inter alia by reason of a strike resorted to by the workers thereof. WRIT PROCEEDINGS The writ petition questioning the validity of DCR 58 by the First and Second Respondents was filed allegedly to protect the interests of the residents of Mumbai and to improve the quality of life in the town of Mumbai which is said to have drastically been deteriorated during the last fifteen years as also for preventing further serious damage to the town planning and ecology so as to avoid an irretrievable breakdown of the city. The main thrust of the writ petitioners was to ensure "open spaces" for the city and to provide the crying need of space for public housing.;


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