JAYANT ACHYUT SATHE versus JOSEPH BAIN DSOUZA AND ORS.

JAYANT ACHYUT SATHE versus JOSEPH BAIN DSOUZA AND ORS.

High Court failed to decide the basic issues as to legality of Regulation 33(7) and maintainability of the writ petitions; High Court is directed to examine these matters.

Parties
Appellant: Jayant Achyut Sathe; Respondents: Joseph Bain D'Souza and Ors.
Jurisdiction
India
Judgment Date
14 July 2006
Procedural Posture
Civil Appeal / Appellate Direction to High Court
Outcome
Matter adjourned; High Court directed to examine challenged issues.
Legal Topics
Validity of Delegated Legislation, Floor Space Index (fsi), Development Control Regulations, Maintainability of Public Interest Litigation
Administrative Law Constitutional Law Town and Regional Planning Validity of Delegated Legislation Floor Space Index (fsi) Development Control Regulations Maintainability of Public Interest Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jayant Achyut Sathe

Appellant

Joseph Bain D'Souza and Ors.

Respondents

Procedural Posture

Civil Appeal / Appellate Direction to High Court

Legal Issues

  1. 1 Legality of Regulation 33(7) of Development Control Regulations, 1991 as amended in 1999
  2. 2 Maintainability of writ petitions challenging delegated legislation

Ratio Decidendi

High Court failed to decide the basic issues as to legality of Regulation 33(7) and maintainability of the writ petitions; High Court is directed to examine these matters.

Court Disposition

Matter adjourned; High Court directed to examine challenged issues.

Orders

  • The High Court is directed to examine the challenge to Regulation 33(7) and maintainability of the writ petitions.
  • Interim order passed on 21.4.2006 (no third party right granted without leave of Supreme Court) to continue till disposal by High Court.