Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966 1991 Development Control Regulations Closure of Textile Mills Scheme under the Regulation Maharashtra Regional and Town Planning Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Maharashtra Regional and Town Planning Act, 1966-Development Control Regulations, 1991;..Regulation 58-Regulation 58-Closure of Textile Mills-Scheme under the Regulation for development of the mills and the land of the mills, as per BIFR approved rehabilitation scheme-Amendment of the Regulation in view of its failure-Amendment challenged in Public interest Litigation-interim order by High Court-However, permitting Textile Corporation complete the sale of few of its mills-on appeal, held: Completion of sale by Textile Corporation permissible in terms of scheme of BIFR subject to condition of adjustment of land from other mills in case of success of the petition-In cases where lay out are sanctioned or commencement certificates issued, statutory authorities directed to process the application in accordance with law. Code of Civil Procedure 1908-order XXXIX-Interim Order-In Public interest Litigation-Criteria for consideration-Held: Before passing an interim order in such cases, the Court should consider as to whether a prima facie case existed, whether in case of refusal of injunction irreparable injury is caused to the petitioners and balance of convenience. On account of strike by workmen 58 textile mills, 25 belonging to National Textile Corporation and 33 belonging to private parties, were closed. Development Control Rules, 1967 framed in terms of Maharashtra Regional and Town Planning Act, 1966 were amended and Development Control Regulations, 1991 were framed. Regulation 58 of the Regulations permitted modernization of mills and development of surplus mill lands as a part of BIFR approved rehabilitation .schemes. As the 1991 Regulation were found not workable, Regulation 58 was amended in 2001. Respondent No. 1 filed writ petition in the nature of Public Interest Litigation seeking striking down of-amendment of Regulation 58 in 2001. High Court passed two interim orders. However, it permitted National Textile Corporation to proceed with the sale of its mills subject to certain conditions. It also directed the State and the Municipal Corporation to file large number of documents. Hence the present appeal against the interim order. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 276 |
Petitioner | Bombay Dyeing And Manufacturing Co. Ltd. |
Respondent | Bombay Environmental Action Group And Ors. |
SCR | [2005] Supp. (1) S.C.R. 282 |
Judgement Date | 2005-05-11 |
Case Number | 3271 |
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