1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8104 OF 2008 ... Shri Nitin Ratilal Karia ...Petitioner v/s. Pimpri Chinchwad Municipal Corporation, Pimpri-Chinchwad, Pune and another ...Respondents ... Mr.A.V.Anturkar with Mr.S.B.Deshmukh for the Petitioner. Mrs.M.P.Thakur,AGP for Respondent No. 2. Mr.S.R.Gonbhavale for Respondent No.1. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:10th December, 2009 P.C.: 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. By this petition the Petitioner challenges the order dated 24-5-2007. By that 2 order the application of the Petitioner for giving FSI to the Petitioner in terms of the provisions of Development Control Regulation No.N.2.3 has been rejected. 3. We have heard the learned Counsel for the Petitioner and the learned Counsel appearing for the Corporation. The learned counsel appearing for the Corporation has not been able to point out to us any rule in the Development Control Regulations, according to which the order dated 24-5-2007 has been made. The learned Counsel has produced before us a copy of the note dated 10-10-2005, which shows that there is some policy decision taken by the Corporation and pursuant to that it appears the order dated 24-5-2007 has been made. But it appears from record that there is no law quoted in favour of that policy decision. It also appears that unless there 3 is an amendment in the Development Control Regulations, the policy of the Corporation may not be valid. However, we do not propose to go into that aspect of the matter at this stage in view of the following order that we are proposing to make. O R D E R (i)The order dated 24-5-2007 is set aside. The Petitioner to make a detailed representation to the Respondent- Corporation within a period of two weeks from today placing entire material before the Corporation on which the Petitioner wishes to rely. (ii) The Corporation, thereafter, shall make an order thereon in accordance with law, disclosing the reasons for its order, as expeditiously as possible, in 4 any case within a period of six weeks from the date on which the Petitioner submits his representation. (iii) In case a request of the Petitioner is rejected by the Corporation, all remedies that are available against that order including all contentions are kept open. (iv)Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)