- (1.) The appellant is a Co-operative Housing Society known by the name of Kesherwani Co-operative Housing Society Limited (the Society). On a representation made by the society, the Maharastra government by its order dated February 9, 1968 directed the Municipal commissioner of Greater Bombay to allow FSI (Floor Space Index) 2 in respect of the property in C. S. No. 590 of Malabar and Cumball Hill division. Bomi M. Mistry, respondent No. I in the appeal herein, challenged the order of the State Government by way of a writ petion before the Bombay high Court. A learned single Judge of the High Court by its judgment dated 11th/13th March,1970 allowed the writ petition and quashed the order allowing fsi 2 and the consequent sanction granted by the Municipal Commissioner. The appeal filed by the Society was dismissed by the Division Bench of the high Court by the order dated March 19, 1981. This appeal by way of Special leave is against the judgment of the learned single Judge as upheld by the division Bench.
(2.) We have heard Dr. Singhvi. learned counsel for the Society. He has taken its through the judgment of the learned single Judge and various other documents on the record. The learned single Judge allowed the petition primarily on the ground that the Society did not place all the relevant material before the State Government and as such obtained the impugned order by committing fraud.
(3.) Prior to October 11, 1965, the permissible FSI was two. By the notification dated October 11.1965. the FSI was reducd to 1.33 The Society filed its building plans before the Bombay Municipal Corporation which were received in the Corporation office on February 17.1966. It is thus obvious that the building plans of the Society after the Notification dated October 11, 1965 by which the permissible PSI was reduced from 2 to 1.33.;