POONA TIMBER MERCHANTS SAW MILL OWNERS ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) In all these cases certain provisions of the Maharashtra Regional and Town Planning Act, 1966 (in short the Act) call for determination. Basically the scope and ambit of Section 127 of the Act is the pivotal provision. Three writ petitions were disposed of by the common judgment. Writ petition No.7846 of 2004 was filed by M/s. C vs. Shah and A vs. Bhat. Writ petition No.9644 of 2004 was filed by Tajuddin Mohhammadbhai while writ petition No.5077 of 2004 was filed by Poona Timber Merchants and Saw Mill Owners Association. By the common judgment the High Court partly allowed the writ petition Nos. 7846 and 9644 of 2004 while writ petition No.5077 of 2004 was dismissed. The High Court while granting partly relief in the writ petitions held as follows :

(3.) After hearing all these appeals were concluded, it is noticed that scope and ambit of Section 127 came up for consideration by this Court in Civil Appeal No.3703 of 2003, Civil Appeal No.3922 of 2007 as three-Judge Bench was hearing the mat ter. Justice P.K. Balasubramanyan as his Lordship was then, inter alia, observed as follows :