2025:BHC-OS:33-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3087 OF 2023 Smt. Saranga Anil Kumar Aggarwal ] carrying on business in the Name ] and style of M/s Skyline Construction ] Company as the proprietor thereof at ] RNA Corporate Park, Next to Collector ] Office, MSD, Kalanagar, Bandra (East), ] Mumbai 4000 511, through her constituted ] attorney Mr. Anubhav Aggarwal vide ]

Power of Attorney dated 29/11/2014. ] … Petitioner.

V/s.

1. State of Maharashtra ]

Through its Principal Secretary ] Urban Development Department-I, ] Mantralaya, Mumbai 01. ]

2. Mumbai Metropolitan Region ]

Development Authority having its ] office at MMRDA Building, ] Bandra-Kurla Complex, Bandra (East), ] Mumbai 400 051. ]

3. The Metropolitan Commissioner, MMRDA ]

having his office at MMRDA Building, ] Bandra-Kurla Complex, Bandra (East), ]

Mumbai – 400 051. ] … Respondents WITH INTERIM APPLICATION (L) NO.28840 OF 2024 WITH ASHWINI CONTEMPT PETITION (L) NO.11933 OF 2024 H WITH GAJAKOSH INTERIM APPLICATION (L) NO.31426 OF 2023 Digitally signed by ASHWINI H GAJAKOSH Date: 2025.01.02 ______________________________________

Mr. Nitin Thakkar, Senior Advocate, a/w Mr. Cherag Balsara, Mr. Yogesh Patil, Mr. Aniruth Purushothaman and Mr. Joshua Borges, i/by Mr. Parth Shah for the Petitioner.

Mr. Milind More, Addl. GP for Respondent-State.

Dr. Birendra Saraf, Advocate General, a/w Mr. Akshay Shinde and Mr.

Vaibhav Charalwar for Respondent Nos.2 and 3.

_____________________________________________

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

RESERVED ON : 11^th December 2024.

PRONOUNCED ON : 2nd January 2025.

Judgment (Per : Kamal Khata, J) :-

1) By this Writ Petition, filed under Article 226 of the Constitution of India, the Petitioner seeks the following reliefs:

“a) that this Hon’ble Court be pleased to issue a Writ of Mandamus, or a Writ in the nature of Mandamus, or any other appropriate writ, order or direction, under Article 226 of the Constitution to declare that the Petitioner is entitled to land Transferable Development Rights (TDR) in the form of Development Rights Certificates (DRC) under all three Tripartite Agreements in respect of land surrendered under the Scheme in accordance with DCPR 2034 i.e. at twice the land area (as per Sub-Clause 4.1.1 of Regulation 32 in Table

12-A.

b) that this Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus, or any other appropriate writ, order or direction under Article 226 of the Constitution, directing the Respondents to issue a recommendation letter to MCGM for release and issuance of DRCs for Land TDR to the Petitioner for the entire land area at the rate specified in DCPR 2034 i.e. the DRCs for the balance land TDR of 19,436.24 sq. meters and also to direct the Respondents to permit the Petitioner the DRC so issued to be utilized as per DCR 1991 as the said Scheme is permitted to be completed in accordance with DRC, 1991 as per sub-clause 11.2 (1) of Regulation 33 (10) of DCPR 2034. c) that this Hon’ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus, or any other appropriate writ, order or direction, under Article 226 of the Constitution, directing the Respondents to issue a DRCs for Land TDR to the Petitioner as set out in prayer clause (a), (b) and (c) above.

d) that pending the hearing and disposal of the Petition the Respondents be directed by an interim order to issue or arrange for the MCGM to issue DRCs for Land TDR to the Petitioner for the entire land area at the rate specified in DCPR 2034 ie the DRCs for the balance land TDR of 19,436.24 sq. meters as set out in prayer clause (a) and (b) above within a period of no more than four weeks from the date of such order passed by this Hon’ble Court;

e) for costs f) for such further and other reliefs, as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

BRIEF FACTS:

2) Petitioner is a developer and Constituted Attorney o