Judgment

DUTT, J.:- The subject-matter of this appeal by special leave is the permission for development of the land granted in favour of respondent 5 who proposed to construct a five-star hotel on a tract of land measuring 44,820.49 square yards at Bandra, Bombay, bearing R. S. Nos. 416(Part) and 417. The land in question had been purchased by respondent 5, Enjay Estates Pvt. Ltd., from its erstwhile owner, Byramji Jeejeebhoy Pvt. Ltd. In the 1966 sanctioned Development Plan of Greater Bombay, the said land was shown in the residential zone and a contiguous parcel of land measuring 18,000 sq. yds. was shown as a green belt.

2. With a view to developing the disputed land, respondent 5 submitted a plan to the Municipal Corporation of Greater Bombay for the construction of a five star hotel. The Commissioner of the Municipal Corporation, however, rejected the plan on the sole ground that it was proposed to earmark the said land under reference as a recreational ground with suitable internal network of roads during the revision of the development plan which was in the offing. Being aggrieved by the said rejection of the plan, respondent 5 preferred an appeal to the Government of Maharas