JUDGMENT :

SANDEEP K. SHINDE, J.

1. Rule. Rule made returnable forthwith. With consent of the parties, petition is taken up for final hearing.

2. The short question in the present writ petition is, whether the petitioner is entitled to Transferable Development Rights (TDR) in form of Floor Space Index for development of the Amenity Space in terms of Clause 6 of Appendix 'W' of Development Regulation of Thane Municipal Corporation.

Clause 5 and 6 of the Appendix 'W' relates to grant of Transferable Development Rights (TDRs) to owners or lessee and condition for grant of such rights. Clause 5, 6 and 7 of the Appendix 'W' reads as under :

"5. The built up area for the purpose of FSI credit in the form of DRC shall be equal to the gross area of the reserved plot to be surrendered and will proportionately increase or decrease according to the permissible FSI of the zone where from the TDR has originated.

6. When an owner or lessee also develop or constructs the amenity on the surrendered plot at his cost subject to such stipulations as may be prescribed by the Commissioner or the appropriate authority, as the case may be and to their satisfaction and hands over the said developed/ constructed