AARTS MODULE INTERNATIONAL PVT. LTD. AND ORS. Vs. MUMBAI BUILDING REPAIRS AND RECONSTRUCTION BOARD AND ORS.

JUDGEMENT

(1.) Rule, returnable forthwith. Learned counsel for the respective respondents waive service. Heard finally by consent of parties. This petition is one of the several petitions in a group of writ petitions which challenges clause 4 of Appendix III of Regulation 33(7) of the Development Control Regulations for Greater Mumbai, 1991.

(2.) All the contentions raised in this petition, except one, have been dealt with and rejected by this Court in the judgment dated 7 May 2015 in Writ Petition No.2359 of 2011 (M/s.J. Gala Builders and anr. v. Mumbai Building Repairs and Reconstruction Board & Ors.)

(3.) The only contention, which now remains, is the petitioners' alternative contention that even if clause 4 of Appendix III to the above DCR is valid, they are not liable to surrender 907.03 sq.mtrs. as per condition no.12 in the NOC dated 19 December 2003 of respondent no.1 Board and that the surplus to be surrendered would be 907.03 sq. mtrs. minus 636.37 sq. mtrs. of Municipal market area.