(S.A. Bobde and Ashok Bhushan, JJ.)
Maharashtra Chamber of Housing Industry ______________ Petitioner;
v.
Municipal Corporation of Greater Mumbai and Others __ Respondent(s).
(With appln. (s) for permission to file SLP, refiling SLP and office report)
Petition for Special Leave to Appeal (C)……of 2016 CC No. 14855/2016, decided on August 16, 2016
The Order of the court was delivered by
Order
1. Permission to file the special leave petitions is granted.
2. Delay condoned.
3. Heard Shri P. Chidambaram and Dr. A.M. Singhvi, learned senior counsels for the petitioner.
4. Clearly, learned senior counsels have appeared for a party which was not a party before the High Court. Important questions, however, have been raised, such as, the desirability of bar new construction even though such construction creates the least amount of debris. According to the learned senior counsels, the order causes immense financial hardship to the members of the petitioner who have all incurred financial obligations for the proposed projects.
5. It is also pointed out that new Rules, namely, the Construction and Demolition Waste Management Rules, 2016 framed by the Central Government provided for adequate protection against the problem dealt with by the High Court. However, we are not inclined to go into the matter, since these aspects were not raised before the High Court.
6. In the circumstances, we permit the petitioner to approach the High Court with a review petition along with appropriate application for impleadment. The High Court shall decide the issues raised by the petitioner afresh, as expeditiously as possible.
7. The special leave petitions are disposed of accordingly.
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