(R.D. DHANUKA. J.)

Rule. Respondents waive service. Heard finally by consent of parties.

2. This proceedings are under Article 226 of the Constitution of India filed by the Petitioners for a writ of certiorari for quashing and setting aside the approval and permission granted by some of the authorities who are Respondents in the present proceedings and for writ of mandamus directing the Respondent Nos. 1 to 19 to withdraw and set aside the approval and permission granted for development project of residential and commercial complex on the land bearing CTS NO. 381, 381/1 to 22 Village Anik, Tal. Chembur, MSD, Mumbai and for injunction from granting any further approval or permissions or renew the approval already granted to Respondent No.20 or any other person for or in connection with the development of the said land. (Hereinafter referred to as ‘Oswal land’). The Petitioners have also prayed for declaration and for striking down D.C. Regulation 57(4) (c) and D.C. Regulation 29(5) as also the Table 10 C (5) as being ultra vires, unreasonable, arbitrary and capricious.

3. The Petitioners have also prayed for a writ of prohibition against Respondent Nos. 1 to 19 prohibiting and injuncting Respondent Nos. 1 to 19 or any of them from in any manner issuing or granting or renewing any further permissions/sanctions or approvals to Respondent No.20 or any other person for or in connection with the development of the residential and commercial complex or building or units or premises or structures on the Oswal land.

4. The facts that are necessary to appreciate the background of the petition are thus:-

5. The Petitioner No.1 is Government of India Enterprise and carrying on business of manufacturing, producing, trading and supply of petroleum products including but not limited to petrol, diesel, aviation fuel, LPG and engine oil used in automobiles and other petroleum products.

6. Hindustan Petroleum Corporation Ltd. (hereinafter referred to as HPCL) the Petitioner No.1 set up its refinery situated on land admeasuring approximately 416 acers i.e. 16,84,268 sq.mtrs. at Mahul, Mumbai. Refinery of HPCL is situated in the Special Industrial Zone (I3 zone) reserved for heavy industries in the sanctioned Development Plan for Greater Mumbai. The refinery of BPCL, Government of India Enterprise is opposite the refinery of HPCL. Rashtriya Chemical and Fertilizers Ltd. also has its industry in the immediate vicinity of the Petitioners refinery. The Bhabha Automic Research Centre at Trombay is also situate in the close vicinity of the refinery of Petitioner No.1. In the year 2005, HPCL acquired land adjacent to its refinery admeasuring approximately 2,30,407.40 sq.mtrs. bearing CTS NO. 382, 382/1 to 22 of Village Anik, Tal. Chembur, MSD and separated from the refinery land of the Petitioner No.1 only by a 18.3 mtrs. side road from Ahmedabad Printing and Calico Mills Co. Ltd. under an auction sale conducted by the Official Liquidator of Calico Mills under orders of the High Court of Gujarat for a consideration of Rs.239 crores. It is the case of the Petitioners that the said plot has been acquired for the expansion of the Petitioners’ existing refinery in view inter alia of its location in the immediate proximity of the existing refinery. The said plot acquired by the Petitioners in the auction sale as aforesaid is also situated in Special Industrial Zone (I3). It is the case of the Petitioners that for the purpose of manufacturing, producing and marketing petroleum products, HPCL is required to import and store petroleum and crude oil, Naphta and other raw materials which are all higher inflammable and to store the finished petroleum products manufactured by it like petrol, HSD, LPG etc. HPCL has been utilising about 117 storage tanks on the refinery land with an aggregate storage capacity of 1188860 KL approximately. It is submitted that at any given point in time, the said storage tanks would contain oil and petroleum products of ov