Property development application near chemical factories upheld, review petition allowed

The Bombay High Court invalidated the rejection of a property development application near chemical factories, allowing the chemical factories to file a review petition within four weeks. The Supreme Court recognized the chemical factories as aggrieved parties, maintaining the High Court's judgment but permitting the review petition. The Supreme Court directed that the interim order would continue until the review petition's resolution, emphasizing the High Court's prompt disposal within four months or by September 30, 1991. The appeal was concluded without costs, with the matter to be presented before the Chief Justice of the Bombay High Court for necessary instructions.

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Issues involved:
The judgment addresses the rejection of a property development application near chemical factories, the rights of the chemical factories as parties aggrieved, and the directive for a review petition.

Rejection of Property Development Application:
The Bombay High Court struck down a communication from the Bombay Municipal Corporation informing the petitioners that their application for permission to develop the property near Thane was rejected due to representations from chemical factory owners. The chemical factories, appellants/petitioners, were not joined as respondents in the writ petition but were granted leave to file a Special Leave Petition as they were aggrieved by the judgment.

Rights of Chemical Factories as Parties Aggrieved:
The Supreme Court found that the chemical factories can be considered parties aggrieved by the judgment, even if not necessary parties in the writ petition. The Court decided not to set aside the High Court's judgment but allowed the appellants to file a review petition within four weeks. The review petition would be entertained by the High Court, and the entire controversy would be open for discussion between the appellants and respondents.

Directive for Review Petition:
The interim order by the Supreme Court was to remain in effect until the High Court decides on the review petition. The High Court was given the authority to vary or vacate the interim order upon appropriate applications. If the review petition was not filed within four weeks, the appeal would be dismissed. The Supreme Court urged the High Court to expedite the review petition's disposal within four months or by September 30, 1991, at the latest. The matter was to be presented before the Chief Justice of the Bombay High Court for necessary directions, and the appeal was disposed of with no order as to costs.

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