Arun Mishra, J. - (1.) Shree Ram Urban Infrastructure Ltd. has filed the appeals challenging the judgment and order dated 22/25/27.1.2016 passed by the Division Bench of the High Court of Bombay in W.P. [C] No.2223 of 2013 and First Appeal No.884/2015. Janhit Manch has also filed an appeal. It has also filed two Public Interest Litigations (PILs.) in the High Court, which have been transferred to this Court and registered as T.C. (C) No.271/2017 and T.C. [C] No. 6/2018, challenging the order dated 31.8.2016 (in T.C. (C) No.271/2017) passed by the Municipal Corporation of Greater Mumbai (MCGM), (for short 'the Corporation') and order dated 10.11.2016 in (T.C. (C) No.6/2018) passed by the Additional Municipal Commissioner and also order dated 30.1.2017 and 14.3.2017 passed by the Corporation.
(2.) The matter relates to the building at Plot No. 5B+6, admeasuring 28,409.50 sq.mt. Shree Ram Urban Infrastructure Ltd. applied for grant of permission to construct and build on the said plots. The commencement certificate was granted by Planning Authority on 24.2.2005, under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (for short, "the MRTP Act") read with Development Control Regulations for Greater Bombay, 1991 (for short "DCR"). The modification in the building plan was made on 8.2.2011 under which the Corporation approved construction of a residential building for two basements, ground, entrance level, eight parking levels, amenity levels, service floor, and other areas plus 13th to 54th floors having a height of 294.84 meters.
(3.) After the issuance of commencement certificate dated 24.2.2005 amendment was made in the DCR by incorporating clause 24 in Regulation 33, w.e.f. 20.10.2008. The amendment provided that with the previous approval of the Government, the development of multistoreyed parking lots abutting the roads to be permitted. On parking area being constructed and handed over to the Corporation, free of cost, FSI, as specified therein, shall be allowed on the land belonging to the private owners, which is not reserved for any public purpose. Shree Ram Urban Infrastructure Ltd. (for short, 'SRUIL') applied for the construction of public parking lot (PPL). The plans were approved for the construction of three basements, ground floor, and 15 upper floors. The commencement certificate was accordingly endorsed up to the plinth level of the PPL, including three basements.;