JANHIT MANCH & ANR. versus STATE OF MAHARASHTRA & ORS.

JANHIT MANCH & ANR. versus STATE OF MAHARASHTRA & ORS.

The issues raised in PIL No.17 of 2017 are intimately connected with those pending in SLP(C) CC Nos.13527-13528 of 2016 and SLP(C) Nos.10704-10705 of 2016; in the interests of justice and efficiency, the PIL should be transferred to the Supreme Court to be heard along with related SLPs, enabling final determination of public safety and regulatory concerns. Interim orders of Bombay High Court are not interfered with at this stage but parties may seek their modification before the Supreme Court.

Parties
Petitioner: Janhit Manch & Anr.; Respondent: State of Maharashtra & Ors.; Respondent No.6: Shri Ram Urban Infrastructure Ltd. (SRUIL)
Jurisdiction
India
Judgment Date
31 July 2017
Procedural Posture
Transfer Petition (civil) No. 567 of 2017; SLP (c) Nos.11749 11750 of 2017 / Order on Transfer Petition and Slps; Civil Original Jurisdiction
Outcome
Transfer petition allowed; SLPs dismissed subject to liberty for modification of interim orders.
Legal Topics
Transfer of Proceedings, Development Control Regulations, Floor Space Index (fsi), Public Interest Litigation, Refuge Area Norms
Constitutional Law Administrative Law Urban Development Law Transfer of Proceedings Development Control Regulations Floor Space Index (fsi) Public Interest Litigation Refuge Area Norms

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Parties

Janhit Manch & Anr.

Petitioner

State of Maharashtra & Ors.

Respondent

Shri Ram Urban Infrastructure Ltd. (SRUIL)

Respondent No.6

Procedural Posture

Transfer Petition (civil) No. 567 of 2017; SLP (c) Nos.11749 11750 of 2017 / Order on Transfer Petition and Slps; Civil Original Jurisdiction

Legal Issues

  1. 1 Whether the PIL No.17 of 2017 should be transferred to the Supreme Court due to overlapping issues with pending SLPs
  2. 2 Whether interim orders of Bombay High Court in PIL No.17 of 2017 should be set aside or altered

Ratio Decidendi

The issues raised in PIL No.17 of 2017 are intimately connected with those pending in SLP(C) CC Nos.13527-13528 of 2016 and SLP(C) Nos.10704-10705 of 2016; in the interests of justice and efficiency, the PIL should be transferred to the Supreme Court to be heard along with related SLPs, enabling final determination of public safety and regulatory concerns. Interim orders of Bombay High Court are not interfered with at this stage but parties may seek their modification before the Supreme Court.

Court Disposition

Transfer petition allowed; SLPs dismissed subject to liberty for modification of interim orders.

Orders

  • PIL No.17 of 2017 transferred from Bombay High Court to Supreme Court to be heard with connected SLPs.
  • SLP(C) Nos.11749-11750 of 2017 challenging interim orders dismissed, parties at liberty to seek alteration/modification before Supreme Court.