The relief which has been sought by the Plaintiff in the Notice of Motion which falls for consideration is to the following effect: -

(i) Injunctive relief is sought against the Defendants from loading or utilizing TDR on the plot of land forming the subject matter of the suit; (ii) Injunctive relief is sought against Defendant Nos.1 to 5 and 8 from carrying out development or construction on the plot in question;

(iii) Injunctive relief is sought restraining Defendant Nos.1 to 5 and 8 from entering into transactions for the sale of premises in the proposed building which is to be constructed on the plot;

(iv) Implementation of the sanction and permission granted by the Municipal Corporation for development is impugned; and

(v) The appointment of a Receiver is sought in respect of the work of construction that is being carried out by Defendant Nos.1 to 5 and 8. Arguments have been heard on the Notice of Motion and with the consent of all the Learned Counsel, the Motion has been taken up for hearing and final disposal.

2. The plot of land to which the proceedings relate, comprises of CTS 1613 at Chembur and admeasures 2787 sq.mtrs. The land was allotted to Preeti Sahu when a Town Planning Scheme was prepared in 1942-43 by the Additional Collector. Two buildings were constructed on the plot. The first which is described as Building No.1 was a bungalow. The second being Building No.2 consisted of a structure with a ground floor and three upper floors. The Plaintiff is a Co-operative Housing Society which was registered on 29th May 1964. On 24th June 1964, a Deed of Conveyance was executed between the owner and the Plaintiff by which the owner transferred and assigned the plot to the Plaintiff. Contemporaneously, a Deed of Covenant also dated 24th June 1964 was entered into between the Plaintiff and the owner. The covenant provided that the Society had enrolled the Vendor as its member; the Vendor as a member of the Society would have a permanent right of residence in Building No.1 and to let out the aforesaid building and to assign her right of membership. Clause (1-g) of the Covenant provided as follows : “(g) The Society shall also give the necessary permission to the Vendor and/or her assigns, whenever requested to construct at their own cost an additional floor or floors on the said Building No.1 in accordance with law the Municipal Rules and Building Bye-Laws and if required the Society shall carry out such additional construction at the cost of the Vendor and/or her assigns through the Architect and contractors to be approved or by the vendor and/or her assigns.” Under clause (i), the Vendor was entitled to demolish and reconstruct Building No.1 and the Society undertook to give permission to the Vendor: “(i) The Vendor and her assigns as such members of the Society shall have the right to renovate at their own cost the said Building No.1 and at like cost, to demolish and/or re-construct the Building No.1 and the Society doth hereby agree and undertake to give to the Vendor and/or her assigns the requisite permission for the said purpose and the Society shall, if required, carry out the said work at the cost of the Vendor and/or her assigns through the Architect and Contractors approved of by the Vendor and/or her assigns.” Under clauses (l) and (m), the Covenant provided as follows : “(l) Under the present Rules of the Bombay Municipal Corporation regarding building construction in Chembur the Vendor is entitled to additional floor area of about 2500 square feet in respect of Building No.1 and the Vendor shall be entitled to utilize the same. If at any time hereafter the Floor Space Index (FSI) in respect of the said piece or parcel of land more particularly described in the Schedule hereunder written is increased the same shall enure to the benefit of the vendor to the intent and effect 5 that the vendor shall be entitled to construct additional floor on Building No.1 to the extent permitted by the increase in F