1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 39 OF 2010 IN PULIC INTEREST LITIGATION NO. 91 OF 2008 Rajendra Thacker ..Petitioner versus State of Maharashtra & Ors. ..Respondents Ms Sumedha Rao for Petitioner. Mr. G. Utangale i/b Utangale & Co. for Respondent No.3. Mr. K.K.Singhvi,Sr.Counsel a/w Mrs. Shobha Ajuitkumar for B.M.C. Mr. S.U. Kamdar, Sr. Counsel a/w Mr. C.S. Kapadia i/by Parimal K. Shrofffor Respondent Nos. 6, 6A,6B, 6C. Mr. A.N. Modi a/w Robin Garge i/b Mulla & Mulla for Respondent No.7. CORAM : F.I. REBELLO & A. A. SAYED , JJ. DATED : 31ST MARCH, 2010. P.C. 1 By the present Notice of Motion the relief sought is that pending the hearing and final disposal of the adjudication in the matter of violation and breaches committed by respondent No. 6a in the Powai scheme, respondent No.1 be restrained from sanctioning, executing and/or in any way taking decisions in the matter of implementing the scheme for redevelopment of 32,000/- old and dilapidated buildings in the island City. 2 2 The present petition does not pertain to a challenge to the D.C. Regulations in respect of policy decision of the Government in the matter of development in the island City. In these circumstances, the relief now sought is beyond the main reliefs sought in the petition. It will not be open for this Court to grant the relief prayed for in the present petition. 3 Secondly, once there be an exercise in subordinate legislation and under this Court holds that it is manifestly arbitrary and or on the other grounds available to challenge an exercise of making subordinate legislation it will not be possible for this Court to grant relief. In the matters of economic policy Courts have noted that the Government must be allowed some elbow room at the joints. It is also held that the said policy can be the subject mater of an experiment. 4 In the light of that in our opinion, the relief as prayed in the present motion cannot be granted. Hence notice of motion is rejected. Sd/- (F.I. REBELLO J.) Sd/- ( A. A. SAYED, J.) 3