AMIT MARU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule in the petitions. Respondents waive service. With consent of parties and as the pleadings have been completed and as per directions of the Supreme Court, these petitions are being heard and finally disposed of.

(2.) In both the petitions, there is challenge to the following Notifications. Notification dated 10.4.2008 issued under section 37(1) read with section 154 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as MRTP Act) proposing amendments to D.C. Regulation 32 and a direction bringing it into force. The State Government immediately then issued another notification dated 11.7.2008 in purported exercise of its powers under section 37(1)(A) of the M.R.T.P. Act. Subsequent thereto a notification has been issued on 3.10.2008 sanctioning the modification to Regulation 32 of the Development Control Regulation for Maharashtra 1991 under section 37(2) which hereinafter shall be referred to as the impugned regulation.

(3.) The petitioners in PIL have averred that they are engaged in various social activities and are associated with various social service organizations. They have in the past undertaken various activities relating to lives of citizens, amenities and infrastructural facilities in Greater Mumbai, functioning of Municipal Corporation of Greater Mumbai, functioning of State Government particularly Urban Development Department and other legal issues. They have ventilated such grievances by various modes including taking recourse to legal measures as provided under law. Issues raised by the petitioners have been set out. The petition was originally filed to impugn the notification dated 10.4.2008 by the Government of Maharashtra for increasing the Floor Space Index (FSI) in the suburbs of Mumbai from 1 to 1.33 in the purported exercise of powers under section 37(1) along with section 154 of the M.R.T.P. Act. The petition was thereafter amended to challenge the notice issued by the State Government under section 37(1)(A) of the M.R.T.P. Act. The petition thereafter was also amended to impugn the notification dated 3.10.2008 under section 37(2) of the M.R.T.P. Act.