(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 Environmental Clearance for the development of a commercial building on 22 August 2006. A Commencement Certificate was issued by the Municipal Corporation on 13 September 2006. In so far as is material to the present controversy, a commencement certificate has been issued up to the fourteenth floor for Wing-C. Subsequently, the IOD was amended on 23 April 2008 and 2 September 2009. The Joint Commissioner of Police (Traffic) issued an NOC on 11 December 2009 for the development of a multi-storeyed public parking lot. The State Government gave its in-principle approval on 2 June 2010 for the construction of a multi-storeyed public parking lot on the land under Regulation 33(24) of the Development Control Regulations for Greater Mumbai, 1991. The Municipal Corporation issued a Letter of Intent on 27 July 2010.

4. On 4 March 2011 the State Government directed the Municipal Commissioner to send a proposal for amending Development Control Regulation 33(24) so as to limit the height of parking towers to four floors and to revoke all sanctioned proposals where commencement certificates had not been issued. The Municipal Corporation thereafter sought to incorporate new conditions in Sub-Rule (iv) of Regulation 33(24) of the Development Control Regulations inter alia to limit the height of a public parking amenity to the ground floor and four upper floors and two basements. The Corporation also sought to provide a cap on the built up area for every parking space. On 22 June 2011, a circular was issued by the Municipal Corporation for prescribing conditions under Clause (iv) of DCR 33(24) and to stipulate that all proposals for public parking lots shall be considered subject to those conditions. The new conditions sought to limit the height of public parking to a ground and four upper floors and two basements and laid down conditions in regard to the payment of premium and a cap on the built up area per parking space.

5. On 29 November 2011, a notice to show cause was issued to the Petitioners under Section 51 of the Maharashtra Regional and Town Planning Act, 1966 calling upon them to explain as to why the commencement certificate which was issued on 30 October 2010 should not be revoked. The notice to show cause inter alia relied upon the Circular dated 22 June 2011. The Petitioners submitted their reply to the notice on 14 December 2011. On 22 December 2011, a stop work notice was issued to the Petitioners by which they were directed to restrict the work of the public parking lot to the fourth floor instead of the thirteenth floor.

6. On 27 April 2012 an order has been passed by the Additional Municipal Commissioner. The order considered the status of the construction work as on 30 November 2011 namely, immediately upon the issuance of a notice under Section 51 of the