HOTEL SAHARA STAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioners are aggrieved by communication dated 8th September, 2006 whereby the petitioners' application for grant of additional FSI on CTS No.2085 of Santacruz (West) domestic airport for a five star hotel, has been rejected. The petitioners are a company incorporated under the Indian Companies Act and have a hotel in the name and style of Hotel Sahara Star. The petitioners are also challenging the issuance of the two impugned notices viz. one under section 354-A of the MMC Act and another under section 53(1) of the Maharashtra Regional and Town Planning Act, 1966 (Hereinafter referred to as the M.R.T.P. Act). In so far as the notice under section 354-A of the MMC Act and the notice under section 53 of the M.R.T.P. Act are concerned, their legality presently is not being considered as the petitioners by their application dated 26th May, 2005 have applied for regularisation under section 44 of the M.R.T.P. Act, 1966.

(3.) The original prayer as sought for in the petition was to direct respondent No.1 to grant additional 100% FSI to the petitioners as provided by Regulation 33(4) of the Development Control Regulations for Greater Mumbai, 1991. By order dated August 1, 2006, we had directed the respondent No.1, to dispose of the petitioners' application within two weeks. On 18th August, 2006, further time was sought which was given up to 31st August, 2006. For non-compliance of the orders, by order dated 31st August, 2006, show-cause notice was issued to the Principal Secretary, Urban Development Department as to why action in contempt should not be taken whereupon, the impugned order came to be passed. The petitioners have subsequently amended the petition to challenge the said order dated 8th September, 2006 on various grounds.