IN THE SUPREME COURT OF INDIA

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.