JUDGMENT :

G.S. Patel, J.

1. In the suburb of Andheri, about 35 kms north of the city's southernmost tip and less than two kilometres to the east of the beachfront at Versova, there lies a large tract of land of 128, 115 sq mts. in area known as Manish Nagar. The site is on Survey Nos. 145 and 146 of Village Ambivali, along JP Road (which is to the site's northern boundary) in Andheri (West). The present corresponding CTS Nos. are 826 and 827. Today, this is a bustling area with as many as 49 buildings, internal roads and many different civic amenities; including, apparently, a gurudwara, a masjid, a small mandir, stores and shops, a maternity and surgical hospital and a roughly rectangular playground or open area. But it was not always like this. The site's layout was approved in 1965 with 18 buildings, but remained incomplete for the next six years. One Ashish Cooperative Housing Society Ltd. (“Ashish CHSL”) took over the project and had the earlier building permission or IOD (Intimation of Disapproval) revalidated. Yet, by 1971, only one building was completed with an occupati