The main legal point established in the judgment is the application and interpretation of Regulation 58 of the DCR in the development of the plot, and the validity of the permissions and plans granted by the authorities.

Anoop V. Mohta, J.

1. Rule, returnable forthwith.

Heard finally, by consent of the parties, specifically at the instance of Petitioner, who insisted for early order/disposal of the matter.

2. The Petitioner, by this Public Interest Litigation, has invoked Article 226 of the Constitution of India and prayed for following reliefs :

(a) “…..writ in the nature of certiorari quashing and setting aside permission granted and plan sanctioned by respondent no.3 authority on 16th October, 2012 permitting respondent no.4 to load TDR to the tune of 11612.78 sq. mtrs along with fungible FSI granted on said TDR to the tune of 4078.40 sq. mtrs. On said plot viz. Plot bearing C.S. No. 882 admeasuring about 5888.14 sq. mtrs. popularly known as agency compound, Jupiter Mill lane, between Jaganath Bhatankar and Fitwala Road, Mumbai 400 013;”

(b) “…...directing respondent no 2 and 3 to count FSI of excess parking on the various parking floors for the purpose of computation of FSI to the respondent no 4;”

(c) “.....directing enquiry in the present project of respondent no 4 on plot of land viz. Plot bearing C.S. No. 882 admeasuring about 5888.14 sq. mtrs. ........”

(d) “......grant order of injunction restraining the respondent no 4 from doing any further construction work on the said plot.........”

3. Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Municipal Corporation of Greater Mumbai (for short, MCGM), a statutory body constituted under the provisions of Mumbai Municipal Corporation Act, 1888 (for short, “MMC Act”). Respondent No.3 is the official of Respondent No.2. Respondent No.4 is a owner and developer of plot of the land which was originally belonging to Ahmedabad Jupiter Spinning and Weaving Company Limited (for short, “Jupiter Mills”).

4. The Petitioner's brief synopsis is as under :

On 15 July 2005, by registered conveyance, Respondent No.4 purchased plot of land bearing CS No. 882, admeasuring 5888.14 sq. mtrs. from National Textile Corporation (South Maharashtra) Limited. (for short, “NTC”). On the basis of registered conveyance and on the basis of plot area certificate given by the architect, Respondent No. 4 submitted proposal for a development of plot admeasuring 5888.14 Sq. mtrs under Regulation 58 of Development Control Regulations for Greater Bombay, 1991 (for short, “DCR”) under the Maharashtra Regional and Town Planning Act, 1966 (for short, “MRTP Act”). On 16 May 2008, Respondent No.3 raised objection to the plot area and directed Respondent No.4 to submit proposal for area admeasuring 4981.38 sq. mtrs. Respondent No.3 deducted area of about 604.36 reserved for Municipal Chowki from the plot, area of about 250.04 being VLT land area and further area of about 118.02 sq. mtrs. for internal road for the slum pocket.

5. On 27 December 2005, Respondent No.4, submitted a proposal for development of plot and obtained IOD from Respondent No.2 and 3 authority. After getting IOD, Respondent No.4 submitted various plans and amendments therein on 11 June 2007, 31 December 2007, 15 October 2009 and 11 January 2011. On 30 October 2010, Respondent No.4 obtained a permission from Minister of Environment and Forest i.e. prior to passing of the impugned permission and plans by Respondent No.3-authority. On 1 January 2012, the new/amended DCR (Fungible FSI) brought into force. On 12 January 2012, issued a connected circular/procedure. On 16 October 2012, Respondent No.3 passed plan submitted by architect of Respondent No.4, wherein the net plot area for construction was shown 4719 sq. mtrs.. In the office note sheet of Respondent No.3, it is recorded that the NTC has sold area admeasuring 11612.78 sq. mtrs. FSI (for short, “Floor Space Index”) towards MCGM Recreation Ground (for short, “RG”) to Respondent No.4. Respondent No.4 was permitted to load the TDR purchased from NTC on the plot and Respondent No.3 also granted fungible FSI admeasuring 4078.40 sq. mtrs. on the TDR. On 17 May 2013, plans were amended by