JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard learned Advocates for the parties. Perused records. The short point for consideration which arises in the matter is whether the Corporation could have rejected the proposal of the petitioner for utilisation of the balance 0.25 F.S.I. potential of the plot which undisputedly belongs to the society.

2.The petitioners are the owners of a land bearing C.T.S. No. 248 at Borivali (West), Mumbai Suburban District, having purchased the same from M/s. Parag Corporation, the builders. The title to the plot was acquired by the petitioner society pursuant to a consent decree passed in Original Side Suit No. 1272 of 1984 on 22-9-1984. Accordingly the petitioners name has been entered as the holders/occupiers of the plot in the property register card. At the time of acquisition of title to the property by the petitioners society, the permissible F.S.I. was 0.75 : 1. However, under the Development Control Regulation, 1991, the F.S.I. which could be availed from the properties was fixed at 1 : 1. Consequently the F.S.I. to be generated from the said plot was increased by 0.25 : 1. The petitioners therefore decided to utilise the additional F.S.I. by const

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