1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 379 OF 2009 WRIT PETITION NO. 379 OF 2009 WRIT PETITION NO. 379 OF 2009 The Bombay Dyeing & Manufacturing Co.Ltd. ..Petitioner The Bombay Dyeing & Manufacturing Co.Ltd. ..Petitioner The Bombay Dyeing & Manufacturing Co.Ltd. ..Petitioner Versus Versus Versus The Monitoring Committee, The Monitoring Committee, The Monitoring Committee, Through Member Secretary, Through Member Secretary, Through Member Secretary, Office of Chief Engineer (DP) & Ors. ...Respondents Office of Chief Engineer (DP) & Ors. ...Respondents Office of Chief Engineer (DP) & Ors. ...Respondents Mr. N.H.Seervai a/w Ms. M.H.Doshi for the petitioner. Mr. N.H.Seervai a/w Ms. M.H.Doshi for the petitioner. Mr. N.H.Seervai a/w Ms. M.H.Doshi for the petitioner. Mr. N.P.Pandit, AGP, for the State. Mr. N.P.Pandit, AGP, for the State. Mr. N.P.Pandit, AGP, for the State. Ms. A.R.Joshi for B.M.C. Ms. A.R.Joshi for B.M.C. Ms. A.R.Joshi for B.M.C. Ms. Gayatri Singh for the workers. Ms. Gayatri Singh for the workers. Ms. Gayatri Singh for the workers. CORAM: SWATANTER KUMAR, C.J. & CORAM: SWATANTER KUMAR, C.J. & CORAM: SWATANTER KUMAR, C.J. & DR. D.Y.CHANDRACHUD,J. DR. D.Y.CHANDRACHUD,J. DR. D.Y.CHANDRACHUD,J. DATED: 4TH MARCH, 2009. DATED: 4TH MARCH, 2009. DATED: 4TH MARCH, 2009. P.C. P.C. P.C. 1. We have heard learned Counsel appearing for 1. We have heard learned Counsel appearing for 1. We have heard learned Counsel appearing for the the the parties for some time. parties for some time. parties for some time. 2. The learned Counsel appearing for the Municipal 2. The learned Counsel appearing for the Municipal 2. The learned Counsel appearing for the Municipal Corporation, on instructions from the Chief Engineer, Corporation, on instructions from the Chief Engineer, Corporation, on instructions from the Chief Engineer, who is present in Court and who happens to be the Member who is present in Court and who happens to be the Member who is present in Court and who happens to be the Member Secretary of the Monitoring Committee which is a Secretary of the Monitoring Committee which is a Secretary of the Monitoring Committee which is a statutory body in view of DCR 58(9) of the Development statutory body in view of DCR 58(9) of the Development statutory body in view of DCR 58(9) of the Development Control Regulations, 1991, submits that in view of the Control Regulations, 1991, submits that in view of the Control Regulations, 1991, submits that in view of the clarification issued by the State Government dated 27th clarification issued by the State Government dated 27th clarification issued by the State Government dated 27th February,2009, the Committee is to consider the matter February,2009, the Committee is to consider the matter February,2009, the Committee is to consider the matter 2 afresh and whether the very basis for issuance of the afresh and whether the very basis for issuance of the afresh and whether the very basis for issuance of the letters dated 21st February, 2009, Exhibits "P-2" and letters dated 21st February, 2009, Exhibits "P-2" and letters dated 21st February, 2009, Exhibits "P-2" and "P-3" exists. The Committee as well as the Authority of "P-3" exists. The Committee as well as the Authority of "P-3" exists. The Committee as well as the Authority of the Corporation to reconsider the entire matter. the Corporation to reconsider the entire matter. the Corporation to reconsider the entire matter. 3. In view of this, nothing survives in this 3. In view of this, nothing survives in this 3. In view of this, nothing survives in this Petition. The same is disposed of with a direction to Petition. The same is disposed of with a direction to Petition. The same is disposed of with a direction to the Committee and the Corporation to decide the matter the Committee and the Corporation to decide the matter the Committee and the Corporation to decide the matter expeditiously. In any case, the meeting of the expeditiously. In any case, the meeting of the expeditiously. In any case, the meeting of the Monitoring Committee is fixed on 16th March, 2009 as per Monitoring Committee is fixed on 16th March, 2009 as per Monitoring Committee is fixed on 16th March, 2009 as per Exhibit "P-1". Exhibit "P-1". Exhibit "P-1". 4. In the meanwhile, the impugned notices will not 4. In the meanwhile, the impugned notices will not 4. In the meanwhile, the impugned notices will not be given effect to. be given effect to. be given effect to. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE DR.D.Y.CHANDRACHUD,J. DR.D.Y.CHANDRACHUD,J. DR.D.Y.CHANDRACHUD,J.