S.S. Shinde, J.

1. Rule. By consent, rule made returnable forthwith. Counsel for respective respondents waive notice. By consent, heard finally forthwith.

2. Writ Petition (St.) No. 10937 of 2012 is to issue a Writ of certiorari or any other appropriate Order or directions in the nature of writ of certiorari thereby quashing and/or setting aside the impugned order dated 9th April, 2012 passed by the respondent No. 2 rejecting the petitioners' proposal for regularization. (Exhibit-A). The petitioners have sought further relief to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of Writ of Mandamus thereby seeking directions to the respondents to reconsider the proposal for regularization in respect of the petitioners' property i.e. building known as Green Heritage, situated at Plot Nos. 79 & 80, Sector20, Kharghar, Navi Mumbai, on the basis of the material placed on record and accept the same in accordance with law.

3. The first petitioner is a Partnership Firm. The second petitioner is one of the Partners of the first petitioner firm. The first respondent is the Town Planning Authority declared for the area designated as a site for the new Town of New Mumbai by the Government of Maharashtra in exercise of its power under subsection 1(3)(A) of Section 113 of the Maharashtra Regional and Town Planning Act, 1966 (For short, "MRTP Act, 1966"). The second respondent is the Managing Director and Vice-Chairman of the first respondent Company. The third respondent is Officer of the first respondent and is performing and exercising powers as vested under him in the MRTP Act, 1966. The respondent Nos. 1, 2 and 3 being the new Town Planning Development Authority declared for the new Town of Navi Mumbai by the Government of Maharashtra is covered under the definition of "State" under Article 12 of the Constitution of India and amenable to the jurisdiction of this Court.

4. The challenge of the petitioners is to the order dated 9th April, 2012 passed by the respondent No. 2 thereby rejecting/refusing the proposal dated 22nd March, 2012 submitted by the petitioners for regularization of some irregularities of the structure in respect of the building Green Heritage constructed on Plot Nos. 79 & 80, situated at Sector20, Kharghar, Navi Mumbai. The other two connected writ petitions are also arising out of the same subject matter impugned in this petition in relation to the property mentioned hereinabove and therefore, all the petitions are being heard together.

5. It is the case of the petitioners that, by Agreement to Lease dated 22nd June, 2005, the first respondent granted license to the first petitioner to enter upon land bearing Plot NO. 79 in Sector20 of Kharghar, Navi Mumbai admeasuring 2890.13 square meters for the purpose of erecting a building or buildings to provide for commercial cum residential purpose on the terms and conditions contained therein. By another Agreement to Lease dated 6th September, 2005, the first respondent granted license to the first petitioner to enter upon land bearing Plot No. 80 in Sector20 of Kharghar, Navi Mumbai admeasuring 3856.53 square meters for the purpose of erecting a building or buildings to provide commercial cum residential purpose on the terms and conditions contained therein. The copies of the said agreements are placed on record by the petitioners.

6. It is further case of the petitioners that, the first respondent made application to the third respondent for Development Permission for residential cum commercial buildings to be erected on Plot Nos. 79 and 80, Sector20, Kharghar, Navi Mumbai. By letter dated 23rd January, 2006, the first respondent granted Development Permission to the first petitioner to construct residential cum commercial building on the said plots and forwarded Commencement Certificate as required under Section 45 of the MRTP Act, 1966.

7. It is the case of the petitioners that, the third respondent in continuation of th