JUDGMENT :

J.M. Panchal, J. - Leave granted.

2. The instant appeal is directed against judgment dated August 13, 2007 rendered by the Division Bench of High Court of Judicature at Bombay in Writ Petition No. 1627/2007 by which the prayers made by the appellants.

(1) to declare that application submitted by them on December 26, 2005 to the Municipal Corporation of Greater Mumbai to give permission to develop land bearing CTS No. 2193 (P) of Bhuleshwar Division at Dr. Babasaheb Jaykar Marg stands granted in view of Section 45(5) of the Maharashtra Regional and Town Planning Act, 1966,

(2) in the alternative to direct the respondents to grant forthwith their application for permission to develop land referred to above with additional FSI of 3.73 times the FSI permissible under Rule 10(2) of DC Rules, 1967, and,

(3) to direct the respondents to allow them to proceed with the development of their plot mentioned above for construction of luxury hotel by utilisation of additional FSI of 3.73 times the FSI permissible on the said plot as per DC Rules, 1967, are refused.

3. The appellants No.1 and 2 are the Companies incorporated under the provisions of the Companies Act, 1956. The petitioner