JUDGMENT

B. P. Colabawalla J. - Rule. Respondents waive service. By consent of parties, Rule made returnable forthwith and heard finally.

2. This Petition has been filed under Article 226 of the Constitution of India seeking a declaration that the Petitioner is entitled to Transferable Development Rights ("TDR") in the form of Floor Space Index ("FSI") equivalent to the area of the DP Roads developed and paid for respectively by the Petitioner. Reliefs are also sought for quashing the rejection by the Respondents to grant TDR to the Petitioner as well as for a direction against the Respondents to grant TDR in the form of FSI to the Petitioner equivalent to the area of the DP Roads developed and paid for by the Petitioner.

3. It is the case of the Petitioner that it is the owner of and otherwise well and sufficiently entitled to several pieces and parcels of the land admeasuring in aggregate to approximately 85,778 sq.mtrs. or thereabouts situated at village Dhokali, Thane (for short "the said property"). The Petitioner has inter alia developed a residential project by the name "Highland Residency" on the said property. A portion of the said property admeasuring 6913.21 sq.mtrs. or t