S.C. Dharmadhikari, J.

1. Rule. Respondents waive service. By consent, Rule is made returnable forthwith.

2. By this Writ Petition, initially filed as also subsequently amended, the petitioner-Co-operative Housing Society is seeking a writ of mandamus and/or any other appropriate writ, order or direction in the nature thereof declaring clause 3.12(7) of the Cooperative Housing Societies Manual dated 15th October, 2011, copy of which is annexed as Annexure-J to the Writ Petition as ultra vires the Maharashtra Co-operative Societies Act, 1960. The petitioner is also challenging in terms of prayer clause (a), the order dated 21st April, 2009, being Annexure-G and 25th September, 2010, being Annexure-O and the approval of the building plans. The further challenge is to the order Annexure K- 1 dated 4th February, 2013.

3. The petitioner is essentially aggrieved by the acts of respondent No.4. The dates and events leading to these acts are few and simple. The petitioner-society is duly registered under the Maharashtra Co-operative Societies Act, 1960. The petitioner claims that it owns a piece of land being Survey No.79A, Hissa No.10 (Part) and Survey Nos.79 and 80, Hissa No.8 of village Vile Parle (East), Mumbai. The said plot was forming part of a Town Planning Scheme of village Vile Parle-V and in the final Town Planning Scheme, that land was numbered as final Plot No.168 of TPS-V. This land / holding was further sub-divided into 24 plots. These 24 plots have been leased by the petitioner-society to its members.

4. Our attention is invited to the agreement of lease executed by the petitioner-society with its members. It is urged that the lease was of a plot of land for residential use. Clause 1 of this agreement is relied upon to further urge that the members can enter upon the plot of land to erect their own dwelling house in accordance with the plan elevation and estimates previously approved in writing by the society. Thereafter, the registered leases are relied upon and clauses 6 and 7 thereof, according to the petitioner, provide for a prior written permission of the lessor-society for doing any business in the building which may be constructed on the demised plot. Further, the demised plot being earmarked as private residence only, any structural alterations or proposed erections cannot be carried out without prior sanction of the society. It is stated that in relation to plot 17, one Dattatraya Gangurde was admitted as a member of the petitioner-society. Dattatraya Gangurde applied for permission to erect a dwelling house on the said leasehold land. A no objection was granted for construction of the dwelling house. However, the said Gangurde assigned his leasehold rights to one Nanji Mauji Shah. It is stated that the plot was affected by a setback of Western Express Highway to the extent of 117 square meters. Therefore, the balance area of the plot is 290.80 square meters. Nanji submitted a plan for construction of building on this 290.80 square meters. However, after the plan was submitted, copy of which is at page 66 of the paper-book, Nanji died and in his place Rajesh Nanji Shah was admitted as a member of the society. Rajesh Nanji also sought the no objection from the society for use of transferable development rights for constructing a building on the said land. The society granted the no objection to Rajesh for use of the TDR. However, Rajesh assigned his right in favour of respondent No.4, who has been admitted as a member of the petitioner-society. By a document, copy of which is at page 30 of the paper-book, respondent No.4 obtained the approval to a plan of construction from the Municipal Corporation of Greater Mumbai and respondent No.4 proposed construction on an area admeasuring 406.86 square meters, but which computation is inaccurate according to the petitioner. The fourth respondent also obtained an order from the second respondent to this petition for change of user of the land from residential to