JUDGMENT :

M.S. Karnik, J.

1. The present PIL petition filed under Article 226 of the Constitution of India seeks the following substantive reliefs:-

“(a) That this Hon’ble Court may please to call for record of respondent no.1 authority and after verifying the legality and proprietary of the allegations made by the petitioner, this Hon’ble Court may please to issue writ of certiorari or writ in the nature of certiorari quashing and setting aside the directions under the communication dated 13th April 2018 at Exhibit I hereto, same being illegal, contrary to law, granted without authority and jurisdiction to pass wrongful gain to the Company;

(b) That this Hon’ble Court may please to call for record of respondent no.2 and 3 authority and after verifying the legality and proprietary of the allegations made by the Petitioner, this Hon’ble Court may please to issue writ of certiorari or writ in the nature of certiorari quashing and setting aside development permission/commencement certificate granted by the Respondent no.2 and 3 in favour of Company dated 19th November 2015 at Exhibit A-1, dated 18th February 2017 at Exhibit E and dated 30th October 2018 at Exhibit N to construct star grade hotel on the said plot falling in no development zone, same being illegal, contrary to mandate of law and against interest of public at large;

(c) This Hon’ble Court be pleased to issue writ of mandamus and/or writ in the nature of mandamus commanding the Respondent no.2 and 3 to demolish the construction made by the Company on the said plot, described herein above and restore the same to its original position;”

2. The petitioner is challenging the permissions granted by respondent no.1-The Secretary, Urban Development Department (hereafter “UDD”, for short) of the State of Maharashtra, respondent no.2-Mira Bhayandar Municipal Corporation (hereafter “Corporation”, for short) and respondent no.3-The Assistant Director, Town Planning Department (hereafter “ADTP”, for short) in favour of respondent no.4-Seven-Eleven Hotels Private Limited (hereafter “the Company”, for short) to construct star grade hotel on a plot falling under no development zone (hereafter ‘NDZ’ for short).

3. The petitioner claims to be an active member of various NGOs and avers that he had participated in various activities to protect and preserve the environment. It is averred that the petitioner is conscious of the mushrooming growth of structures due to violation of planning laws by the bureaucrats or with their deliberate action/inaction, which ultimately make the members of the public suffer. It is the petitioner’s case that the subject plot falls in NDZ. It is averred that permissions are granted by respondent nos.1 to 3 to construct a star grade hotel in utter disregard of the Development Control Regulations (hereafter “DCRs”, for short) for the Corporation.

4. Following are the facts pleaded by the petitioner in support of the reliefs sought in the PIL petition. On February 15, 2008, the authorised person of the Company, claiming to be the power of attorney holder of Smt. Sakhubai Damodar Patil and others applied to the Corporation for NA permission in respect of plot of land bearing old Survey no.265/4, 266/2, 3, 5, 6 and 267/3 of Village Navghar admeasuring 11170 sq.mtrs. On February 16, 2008, the Corporation granted permission to the Company to make an application to the Collector for NA permission, subject to certain conditions. Accordingly, an application was made by the Company on February 29, 2008 for NA permission. The NA permission was considered and granted by the Collector, Thane by NA order dated April 9, 2008 qua old Survey no.265/4, 266/2, 3, 5, 6 and 267/3 of Village Navghar. By a letter dated October 30, 2015, M/s. B. A. C. Planners and Engineers Private Limited applied to the Corporation for issuance of commencement certificate in respect of the plot of land bearing old Survey no.266/1 to 6, 265/4 and 267/2, 3 of Village Navghar. Commencement certificate date