1994 Supreme(Bom) 244
B.P.SARAF, M.L.DUDHAT
Gokak Patel Volkart Limited & another – Appellant
Versus
Bombay Metropolitan Region Development Authority & others – Respondent
JUDGMENT - SARAF B.P. (Dr.), J.:—Petitioner No. 1 (hereinafter 'the petitioner Company') is a limited Company and Petitioner No. 2 is a Director thereof. The petitioner Company owns a plot of land situate at 124/126 Wodehouse Road, Colaba, Bombay. On the said plot of land there were two houses which were occupied by tenants. On 28th May 1974, the petitioners submitted plans before the Municipal Corporation of Greater Bombay for construction of a thirty storeyed building consuming Floor Space Index (hereinafter 'F.S.I.') of 2.45 of the said plot. The Development Control Rules existent at the relevant time permitted the construction of building on the F.S.I. of 2.45 under R-8 F.S.I. Zone in which the above property is situated. The plans were approved by the Corporation and on 13th September 1974. Intimation of Disapproval (I.O.D.) was granted to the petitioner under section 346 of the Bombay Municipal Corporation Act. It was stipulated in the I.O.D. that no work should be started unless the existing structures proposed to be removed are in fact removed. It was also stated in the I.O.D. that it was given exclusively for the purposes of enabling the party to proceed further with ar
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