JAYANT ACHYUT SATHE Vs. JOSEPH BAIN D SOUZA
LAWS(SC)-2006-7-7
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on July 14,2006

JAYANT ACHYUT SATHE Appellant
VERSUS
JOSEPH BAIN D'SOUZA Respondents

JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted in each case.
(2.)Challenge in each of these appeals is to the legality of the judgment rendered by a Division Bench of the Bombay High Court at Bombay in a Public Interest Litigation filed by three citizens essentially questioning legality of Regulation 33 (7) of the Development Control Regulations, 1991 (in short the Regulations). These Regulations came into force with effect from 20th March, 1991. According to writ petitioners it is in essence delegated legislation under the Maharashtra Regional and Town Planning Act, 1966 (in short the Act). The writ petitioners questioned the amendment brought in 1999 which provided for a minimum Floor Space Index (in short FSI) of 2.5 plus Additional FSI required for rehabilitation of existing tenants plus incentive FSI on several grounds.
(3.)The present appellant resisted the claim.


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