LEELA ENTERPRISES Vs. BOMBAY MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS appeal from order was fully heard yesterday at admission stage and today it is kept for dictation of the Judgment.

(2.) THE appellant in this appeal high handedly and illegally constructed a building consisting ground plus seven upper floors when permission granted was for construction of only a ground floor. Without there being any occupation or completion certificate, he has inducted the flat purchasers in the flats in the building. The question before me is whether such a builder is entitled to grant of discretionary and equitable relief of temporary injunction.

(3.) IT is necessary to refer the facts of the case. The appellant is the original Plaintiff. The appellant applied for permission to construct a building. Plans were approved by the Respondent No. 1 Corporation for construction of only a ground floor for residential use. Intimation of disapproval was issued on 9th December, 1999. The commencement certificate was issued on 3rd february, 2000. On 27th August, 2001 an application was made by the Architect of the appellant to the respondent No. 1-Corporation In the said application it was stated that though earlier plans were approved for ground floor, additional seven floors were proposed in lieu of transferable development Rights (hereinafter referred to as the TDR) admeasuring 1030 sq. meters. It was stated in the application that the respondent No. 1- Corporation may process the files and issue T. D. R. at the earliest.