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1991 Supreme(SC) 293

M.M.PUNCHHI, N.M.KASLIWAL
Pratibha Co-operative Housing Society LTD. – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

KASLIWAL, J.:— This petition under Art. 136 of the Constitution of India is directed against the order of Bombay High Court dated 8th March, 1990.

2. Facts necessary and shorn of details are given as under. Pratibha Co-operative Housing Society Ltd. (hereinafter referred to as the Housing Society made some unauthorised constructions in a 36 storeyed building in a posh and important locality of the city of Bombay. The Bombay Municipal Corporation issued a show cause notice dated 7th August, 1984 calling upon the Housing Society to show cause within 7 days as to why the upper eight floors of the building should not be demolished so as to limit the development to the permissible Floor Space Index (F.S.I.). In the notice it was stated that additional F.S.I. to the extent of 2773 sq. mts. was gained by the Housing Society and that the construction work had already reached 36 floors and that on the basis of the actual area of the building, the upper eight floors were beyond the permissible F.S.I. limit and as such were required to be removed. The Housing Society submitted a reply to the show cause notice by their letter dated 13th August, 1984. The Administrator of the Bombay Mun











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