SHIVKUMAR GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the owner of a piece and parcel of land bearing C. T. S. No. 206 (plot No. 37) situate at Juhu Vile Parle Development Scheme, hereinafter referred to as "the said plot". The petitioner is interested in constructing a dwelling house on the said plot of land for his own use.

(2.) ON 6th April 1994, the petitioner submitted the building plans for construction of building on the said plot of land to the Municipal Corporation of Greater Bombay on the footing that such construction would consume extra FSI of 0. 4 (as permissible under Development Control Regulations for Greater Bombay, 1991) over and above the permissible FSI of 1. 00 through his architect Shri B. G. Bhatt. Before submitting the said plan to the Municipal Corporation for its sanction, the petitioner had already acquired T. D. R. (i. e. transferable development rights) from plot bearing C. T. S. No. 176 (part) situate at village Mohili, J. M. M. Road, Ghatkopar under D. C. R. No. 000005 (admeasuring 350 sq. metres) as permissible under Development Control Regulations for Greater Bombay, 1991.

(3.) ON or about 24th August, 1994, the petitioner further acquired T. D. R. from plot bearing C. T. S. No. 883 of Mohili village Kurla vide letter of intent No. TDR/es/l-30, dated 24th August, 1994 for 350 square metres. In view of the acquisition of additional T. D. R. by the petitioner as aforesaid, the petitioner submitted the amended building plans to the Municipal Corporation of Greater Bombay on 20th September, 1994 with a request that the petitioner be allowed to utilise additional FSI of 0. 4 i. e. total FSI of 1. 8 on the receiving plot of the petitioner i. e. on the plot of land bearing C. T. S. No. 206 (Plot No. 37) situate at Juhu Vile Parle Development Scheme, Bombay.