ASHOK BHUSHAN,J. - (1.) The Transfer Petition and the Special Leave Petition arising out of similar facts and events have been heard together and are being decided by this common order. The background facts giving rise to the transfer petition as well as Special Leave Petition need to be noted first.
(2.) The parties in both the cases being common shall be hereinafter referred to as described in the transfer petition. Janhit Manch and another which had filed the PIL at the Bombay High Court are referred to as petitioners whereas, Shri Ram Urban Infrastructure Ltd.(SRUIL) is referred to as respondent No.6 and other respondents are referred to as described in transfer petition.
(3.) The genesis of dispute is PIL No. 43 of 2012 filed by petitioners in the Bombay High Court. In PIL No.43 of 2012, petitioners have questioned the action of respondent No. 3 in respect of concessions granted for development of various buildings in the city of Mumbai i.e. concessions granted in respect of development of various buildings which consequently enabled the developers to amass additional areas under various heads, such as refuge areas, passages, flower beds, decks etc., free of Floor Space Index ("FSI"). The case of the respondent No.6 was specifically mentioned and challenged. It was pleaded that respondent No.6 against the permitted FSI of 54715.196 sq. mtrs. had used additional FSI of approximately 6355.58 sq. mtrs. under the guise of various heads such as refuge areas, passages, decks etc.;