NOVARTIS INDIA LIMITED Vs. VIKAS OBEROI

JUDGEMENT

(1.) HEARD finally by consent of parties.

(2.) THE Petitioners, in view of Supreme judgment in Godrej and Boyce Manufacturing Company Limited vs. State of Maharashtra and ors, 2009 5 SCC 24 dated 6.2.2009 have filed the present Petition on 18 February 2011 and prayed as under :

(3.) THERE is no serious dispute with regard to the following facts : Petitioner No. 1 (Novartis India Ltd) was the owner of large lands bearing CTS No. 95/4A of Village Dindoshi and CTS No. 590A/D of Village Pahadi ( "the said land") in Goregaon, Mumbai. Petitioner No. 2 (Oberoi Realty Ltd) has entered into a Development Agreement dated 29 December 1999 with Novartis India Ltd for development of the said lands, whereunder it is entitled to develop the same and is also entitled to all TDR. In the Development Plan prepared under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) part of the said land was reserved for a Public amenity i.e. a 60 foot and 44 foot Development Plan Road. Another portion of the land was reserved for widening of the existing Development Plan Road.