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2008 Supreme(SC) 1852

J. M. PANCHAL, K. G. BALAKRISHNAN, P. SATHASIVAM
Suresh Estate Pvt. Ltd. – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


JUDGMENT

J.M. Panchal, J. —

1. By filing the present contempt petition, the petitioners have prayed to take action against the respondents, who, according to them, have not implemented nor acted according to the judgment of this Court dated December 14, 2007, rendered in Civil Appeal No. 5948 of 2007 requiring the State Government to take a decision on the application submitted by the petitioners seeking permission to develop their plot on the basis that the provisions of D.C. Rules, 1967 were applicable and decide the said application in the light of the recommendations made by the Competent Authority as well as the fact that other hotels, as pointed out by the petitioners, were granted more FSI than 1.33 permissible under Rule 10(1) of the D.C. Rules, 1967.

2. The petitioner Nos. 1 and 2 are the companies incorporated under the provisions of the Companies Act, 1956. The petitioner No. 2 owns a plot of land bearing CTS No. 2193(P) of Bhuleshwar Division at Dr. Babasaheb Jaykar Marg, Thakurdwar, Mumbai. The plot admeasures approximately 8983 square meters. The plot was reserved for play ground of municipal primary school and secondary school as well as for D.P. Road. The petitioner















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