J.H. BHATIA, J.

1. In the Writ Petition No. 2934/1999, the Municipal Corporation of Greater Mumbai (the Corporation in brief), seeks to quash and set aside the order dated 29.4.1998 passed by the minister of State for Urban Department, directing the petitioner to grant Transferable Development Rights (TDR) in lieu of the reservation clamped on the Final Plot No. 286, Town Planning Scheme IV for Mahim Division.

2. To state in brief, according to the Corporation, on 25.6.1951, there was a declaration of intention to formulate Draft Town Planning Scheme IV for Mahim Division by the Corporation as Local Authority. The formal sanction to the Draft of the Scheme was accorded on 3.1.1955. One Mr. G.J.Desai was appointed as an Arbitrator to pass an award for granting the final plot to as well as for fixation of the compensation to be paid to the parties, whose land would vest in the Local Authority. On 20.5.1963, the notification was issued declaring the award passed by the Arbitrator. On 15.8.1963, the Final Town Planning Scheme IV came to be sanctioned and all the lands required by the Corporation, vested in it absolutely free from all encumbrances under Section 53 of the Bom