K D PENDSE Vs. BRIHAN MUMBAI MAHANAGAR PALIKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner as Public Interest Litigation (PIL) for an appropriate writ, direction or order quashing and setting aside approval and sanction of building plans and specifications of Nav Balodyan Trust, respondent No. 3 herein, in respect of land bearing plot No. 736-A of Final Town Planning Scheme IV of Mahim Division, for fraudulently securing FSI beyond permissible limits available for the land admeasuring 1848. 82 sq. mtrs.

(2.) IT is the case of the petitioner that Brihan Mumbai Nagar Palika was the owner of land bearing Original Plot No. 736 (new Survey No. 736-A) of Final Town Planning Scheme IV of Mahim Division. The said land admeasured 2100. 79 sq. mtrs, out of which 1848. 53 sq. mtrs. was vacant while balance 252. 26 was encumbered. By an agreement dated November 8, 1968, the Corporation agreed to grant on lease vacant portion of 1848. 53 sq. mtrs. to respondent No. 3. The balance portion of 252. 26 sq. mtrs. encumbered land was excluded. It was an agreement of lease for 99 years and respondent No. 3 had the status of monthly tenant. Respondent No. 3 constructed a ground and three storeyed structure on the said land and was running a school. According to the petitioner, it was subsequently revealed that the construction undertaken was illegal and unlawful and excess FSI was procured.

(3.) THE entire exercise was fraudulent and it was based on misrepresentation by procuring property card extract that it was on the basis of total area of 2100. 79 sq. mtrs. which was in fact 1848. 53 sq. mtrs. The action was thus clearly illegal, unlawful and deserves to be interfered with by this Court. The respondents in collusion with each other fraudulently manipulated land record to secure FSI far beyond permissible limit for such land. Since no actions have been taken by the authorities, the petitioner has approached this Court. It was, therefore, submitted that the respondents may be directed to take appropriate proceedings. Corporation may be directed to recall its approval and sanction of the building plans and specifications of respondent No. 3 for development of the property and to reconsider and decide on the basis that such plans and specifications could be to the extent of 1848. 53 sq. mtrs. only. A prayer is also made to initiate penal action for prosecution of trustees of respondent No. 3 as well as respondent Nos. 5 and 6 for wilful and deliberate misrepresentation and fraud.