Vyankappa Narayan
Patki & Ors. Vs. State of Maharashtra & Ors. [2008] INSC 1340 (8 August
2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NOS.4954-4956 OF 2008 (Arising out of S.L.P. (C)
No.20083 of 2006) Vyankappa Narayan Patki and Ors. ...Appellant(s) Versus State
of Maharashtra and Ors. ...Respondent(s) O R D E R Heard learned counsel for
the parties.
Leave granted.
The appellants, two
of whom are social workers and one is a political activist, filed a writ
petition under Article 226 of the Constitution of India for striking down
various provisions of Mumbai Metropolitan Region Development Authority Act,
1974, Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act,
1971, Maharashtra Regional Town Planning Act, 1966 and Electricity (Supply)
Act, 1948 on the ground that the same are violative of Articles 243G, 243N,
243ZE and 243ZF of the Constitution of India. They further prayed for
restraining the State of Maharashtra and Maharashtra State Electricity Board
from taking action in furtherance of the provisions of which constitutional
validity was challenged.
By the impugned
order, the High Court summarily dismissed the writ petition by observing that
it is only academic and the writ petitioners do not have any personal ...2/-
-2- interest in the matter and their personal right is not affected in any
manner. Review applications filed by the petitioners were also dismissed.
Having heard learned
counsel for the parties, we are satisfied that the writ petition did raise important
questions of law and the High Court was not justified in summarily dismissing
the same on the grounds enumerated above. In our view, the High Court should
have disposed of the writ petition on merits.
Accordingly, the
civil appeals are allowed, impugned orders are set aside and the matter is
remanded to the High Court to consider the writ petition afresh on merits after
giving opportunity to the respondents to file counter affidavit thereto and
hearing all the parties.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi, August 08, 2008.
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