CEEBRAO HOTELS PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a strange case of a Hotel Industry (Ceebros Hotels (P.) Ltd.,) filing writ petitions one after another to direct the Director General of Defense Estate, to increase the Floor Space Index (hereinafter referred to as "FSI") from 0.5 to 1.5, obtaining positive order once and when it was taken up in appeal, withdrawing the very writ petition, filing representations thereafter followed by writ petition, which was dismissed and thereafter approaching the Central Government with a fresh representation and having found no follow up action, filing another writ petition and during the currency of the writ petition, approaching the Defense Secretary, through a member of Parliament, and when it was found that even the VIP Reference was not giving desired result, rushing to this Court to take up the writ petition and to direct the Central Government to dispose of the representation.

(2.) The Defense Estate Officer, Chennai in his counter affidavit narrated the prior proceedings, According to the second respondent, the earlier decision regarding FSI still subsists and as such there is no question of consideration of another representation.

(3.) The learned Senior Counsel for the petitioner contended that the petitioner submitted a detailed representation to the first respondent to consider the request for increasing the FSI from 0.5 to 1.5. The first respondent has already initiated action. The dismissal of the earlier application would not prevent the petitioner from approaching this Court for an early disposal of the representation. The learned Senior Counsel further submitted that under Section 57 of the Cantonment Act 2006, the Central Government has got review jurisdiction. According to him, the representation is in the nature of a review petition and as such the Central Government should be directed to dispose of it on merits.