Bombay High Court
Vrinda Sharad Bal And Anr vs State Of Maharashtra Thr The Secretary ... on 14 September, 2023
Author: G.S. Patel
Bench: G.S. Patel
908-ASWP-230-2022.DOC
Wadhwa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 230 OF 2022
Vrinda Sharad Bal & Anr ...Petitioners
Versus
State of Maharashtra & Ors ...Respondents
Mr Virag Tulzapurkar, Senior Advocate, with Siddhesh Bhole,
Ashwin Pimpale, i/b SSB Legal & Advisory, for the Petitioners.
Mrs R M Shinde, AGP, for the Respondent-State.
CORAM G.S. Patel &
Kamal Khata, JJ.
DATED: 14th September 2023 PC:-
1. The issue in this Petition appears to us to be a narrow question of interpretation of law.
2. We may summarise it thus: is it permissible or legitimate in town planning law for a later and more restrictive planning or zoning regulation to be applied with retrospective effect?
3. This is the first point that Mr Tulzapurkar, learned Senior Counsel for the Petitioner places for our consideration along with a second argument, in the alternative, that even if they challenge to Page 1 of 2 14th September 2023 ::: Uploaded on - 15/09/2023 ::: Downloaded on - 16/09/2023 02:43:32 ::: 908-ASWP-230-2022.DOC the vires or the validity fails, the Petitioners are covered by an exclusion in the impugned notification itself.
4. We note this because it does not seem to us that there is any great controversy on facts that would require a substantive Affidavit in Reply.
5. For some reason that we are unable to understand, although this Petition was filed in 2022 and the Petitioners have privately served the Pune Municipal Corporation ("PMC"), Respondent Nos. 2 and 3, none appears for the PMC and the office noting is that the PMC is unserved.
6. The Registry will ensure that the PMC is served urgently by courier. In addition to service through Court, we permit fresh service privately including by email and courier. A copy of this order must accompany the notice. Hamdast is allowed.
7. We list the matter on 5th October 2023, high on board for directions. We do so simply because on that date we propose to fix a peremptory date for final disposal of the Petition itself at the stage of admission.
(Kamal Khata, J) (G. S. Patel, J) Page 2 of 2 14th September 2023 ::: Uploaded on - 15/09/2023 ::: Downloaded on - 16/09/2023 02:43:32 :::