JUDGMENT :

V. Ramasubramanian, J.

1. Aggrieved by the dismissal of their claim by the Bombay High Court, for the grant of Development Rights Certificate, ¹[For short “DRC”], for a total area of 31,057.30 sq.metres, for the construction and development of the amenity namely “Recreation Ground”, the writ petitioner before the Bombay High Court has come up with this appeal.

2. We have heard Shri P. Chidambaram, learned senior counsel for the appellants and Shri Atmaram N.S. Nadkarni, learned senior counsel appearing for the respondents.

3. The background facts leading to the appeal on hand are as follows:-

(i) The second Development Plan (DP 1991) for Greater Mumbai was prepared for the period 1981-2001 and the same was sanctioned in parts between 1991 and 1994. In the said DP, the plots of land bearing CTS No.2B (part) falling in N-Ward & CTS Nos. 2B (part) and 3B falling in S-Ward were reserved for the purpose of “Recreation Ground”;

(ii) The aforesaid plot of land was admittedly owned by appellant No.1 herein. Appellant No.2 herein is the duly constituted attorney of appellant No.1