JUDGMENT- M.L. PENDSE, J.:---The facts of this petition would disclose how respondents 2 and 3 colluded with the Bombay Municipal Corporation in flouting the Development Control Rules for Greater Bombay and attempting to put up a huge building in total violation of the Rules and Regulations. The petitioners are a registered society whose aims and objects are inter alia to look after the environment in all its aspects and to ensure that citizens enjoy enhanced quality of life and have maximum civil amenities. The petition is filed on July 17, 1984 as public interest litigation to prevent respondent No. 3 from constructing building named as Arihant. The few facts which are not in dispute are required to be set out to appreciate the grievance of the petitioners.

2. The property bearing City Survey No. 4/755 of Malabar Hill and Cumballa Hill Division on the corner of Gopalrao Deshmukh Marg and Bhulabhai Desai Road originally belonged to N.V. Gamadia and N.J. Gamadia. By conveyance dated June 28, 1972 the respondent No. 2 Messrs. Govani Builders Ltd., purchased the said property. The total area of Plot No. 4/755 admeasures 17,374 sq. yards. An area of 1402 sq. yards out of the plot was

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