2006 (3) TMI 326 - SUPREME COURT

Validity of Development Control Regulation No. 58 (DCR 58) framed by the State of Maharashtra in terms of the Maharashtra Regional and Town Planning Act, 1966 questioned.

Held that:- Appeal allowed. The Public Interest Litigation was maintainable.

DCR 58 is valid in law. DCR 58(1) applies also to closed mills but sub-regulation (6) of DCR 58 does not apply to sick industries which have not been referred to BIFR. The clarification made by the State is neither ultra vires section 37 of the MRTP Act nor is violative of the constitutional provisions. DCR 58, as inserted in 2001 and as clarified in 2003, is not contrary to the principles governing environmental aspects including the principles of sustainable and planned development vis-a-vis Article 21 of the Constitution of India. Judicial review of DCR 58 was permissible in law.

Sale of NTC mills was not contrary to the BIFR Scheme as also the orders passed by this Court. Although, delay and laches play an important role, as we have considered the merit of the matter, the writ petition filed by the Respondent Nos. 1 and 2 is not being dismissed on that ground alone. It is not necessary for us to go into the question as to whether worker’s dues have been paid and also as to whether the committee had been applying the fund in terms of DCR 58 or not. However, all such contentions shall remain open.