MANISH DINESH SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) LOOKING to the nature of challenge involved and with consent of the parties, efforts were made to dispose of the matter finally at the stage of admission. Accordingly as requested by the respective Counsel, we have heard the matter lastly on 29.02.2012. It is not in dispute that the nature of challenge and prayers in all the three Writ Petitions are identical, hence we make Rule, returnable forthwith.

(2.) ALL parties have tried Writ Petition No. 131/2011 as lead petition. Accordingly prayer clause therein is reproduced below for convenience. Hold that there is no prohibition, bar

(3.) THE controversy stated briefly is, Whether the development rights purchased by the petitioner/builders can be utilized by them for supporting construction in excess of FSI on plot no.172 [Writ Petition No.131/2011], plot nos. 24 and 25 [Writ Petition No.1766/2011] and Plot nos. 55 and 56 [Writ Petition No.1767/2011]. These plots are regularized under the provisions of Maharashtra Gunthewari Development (Regularization, Upgradation and Control) Act, 2001 (hereinafter referred to as "the 2001 Act" for short). Respondent no.2 Planning Authority have not considered the revised plans submitted by the respective petitioners after loading said T.D.R. (transferable developments rights) on those plots for seeking sanction to existing constructions.