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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.M.S. KHANDEPARKAR, J
Gango Co-operative Housing Society Ltd. Mumbai v. Municipal Corporation of Greater Bombay and Another
| Table of Content |
|---|
| 1. background on land ownership and fsi potential. (Para 1 , 2) |
| 2. petitioner's right to utilize fsi amid third-party objections. (Para 3 , 4) |
| 3. misuse of power and legal precedents on valid power exercise. (Para 5 , 6 , 7 , 8) |
| 4. importance of municipal regulations in property utilization. (Para 9 , 10) |
| 5. authority limitations concerning fsi utilization rejection. (Para 18 , 19 , 20) |
| 6. court orders granting reconsideration of proposal. (Para 21 , 22) |
1. Heard learned Advocates for the parties. Perused records. The short point for consideration which arises in the matter is whether the Corporation could have rejected the proposal of the petitioner for utilisation of the balance 0.25 FSI potential of the plot which undisputably belongs to the society.
2. The petitioners are the owners of a land bearing CTS No. 248 at Borivali (West), Mumbai Suburban District, having purchased the same from M/s. Parag Corporation, the builders. The title to the plot was acquired by the petitioner - society pursuant to a consent decree passed in Original Side Suit No. 1272 of 1984 on 22-9-1984. Accordingly the petitioners' name has been entered as the holders / occupiers of the plot in the
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