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2012 Supreme(Bom) 1231

D.Y.CHANDRACHUD, R.D.DHANUKA
Kohinoor CTNL Infrastructure Company – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates appeared:
For the Petitioners:V.V. Tulzapurkar, Sr. Advocate a/w. Nikhil Sakhardande i/b. M/s. A.R. Vaidya & Co., Advocates.
For the Respondents:E.P. Bharucha, Sr. Advocate a/w. Mrs. Geeta Joglekar, Advocates.

Judgment :

(Dr. D.Y. Chandrachud, J.)

Rule; with the consent of the Counsel for the parties returnable forthwith. With the consent of the Counsel and at their request, the Petition is taken up for hearing and final disposal.

2. The First Petitioner is the owner of a plot of land bearing Final Plot No.46 of Town Planning Scheme-III situated at N. Kelkar Road, Shivaji Park, Mumbai. The First Petitioner is developing a highrise Information Technology Park and Residential and Public Parking Building. The development comprises of three level basements for captive parking and three wings. Wing-A consists of a ground floor and seven upper floors for shops and a restaurant; Wing-B consists of a ground floor and 48 upper floors for office units; and Wing-C consists of a ground floor and 32 upper floors. The dispute in the present case relates to Wing-C. Wing-C envisages municipal public parking on the ground floor and 14 upper floors and residential premises on eighteen floors above the parking facility.

3. The Municipal Corporation of Greater Mumbai sanctioned plans for Wings-A, B and C and issued an IOD on 15 February 2006. The Union Ministry of Environment and Forests issued an Environmen




























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