JUDGMENT :

Sanjay Kishan Kaul, J.

1. The expanding population of rural and urban areas has created its own problems, insofar as civic amenities are concerned. The problem is aggravated in metropolitan cities, where there is movement of population with the prospect of better livelihood. Lack of opportunities for employment has compelled people to leave their home and hearth. We are concerned in the present matter with the consequences of such mobility of population.

2. Mumbai is perceived to be a city that fulfills the dreams of many. The movement of population has thus been manifold, putting a strain on civil services and open areas, including to play grounds and streets. There has been vast encroachment on public lands by people who have migrated, or otherwise, and who could not find reasonable accommodation for their residence. There has been growth of slum areas, thereby blocking access to public land. The density of construction was therefore required to be upscaled to meet the pressing needs of the population. One methodology to address the issue, devised by the State, was that of awarding development rights, as defined in Section 2(9A) of the Maharashtra Regional and Town Planni