skc 1 WP-1932-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1932 OF 2011 Sri Sri Gurudev Co-operative Housing Society Ltd. & Anr. ..Petitioners versus State of Maharashtra & Ors. ..Respondents Mr. Manish Desai i/b. M/s. Vidhi Partners for Petitioners. Mr. Nitin Deshpande - Assistant Government Pleader for Respondent No.1 Mr. Rajdeep Khadapkar for Respondent Nos. 2 to 4. CORAM : S. A. BOBDE AND SMT. V. K. TAHILRAMANI, JJ. DATE : NOVEMBER 17, 2011 P.C. : Rule, returnable forthwith. Mr. Nitin Deshpande waives service for respondent no. 1. Mr. Rajdeep Khadapkar waives service for respondent nos. 2 to 4. Heard finally by consent of parties. 2 After hearing the matter for some time, it appears that the following order will meet the ends of justice. skc 2 WP-1932-11 3. The petitioners have approached this court for a direction that the respondent nos. 2 to 4 be directed to award irrevocable TDR/DRCs to the extent of 6500 sq. meters to Sri Sri Gurudeo Co-operative Housing Society and 1400 sq. meters to Jayant Maniklal Lunawat equal to 1 FSI. According to the learned counsel for the Corporation, the petitioners are not entitled to 1 FSI but are entitled to only .75 FSI. The learned counsel however submitted that the Government has issued instructions that the petitioners will be entitled to 1 FSI in respect of the lands in question. Be that as it may. It is not necessary for us to decide this controversy in view of the order that we propose to make. 4. The respondents shall consider the petitioners prayer for TDR and DRCs to that effect in respect of the lands in question. The respondents Corporation shall hear the petitioners if they propose to give less than 1 FSI to the petitioners. The respondents shall pass reasoned order and if the petitioners are entitled to FSI shall issue DRCs to that effect. 5. For the aforesaid purpose the learned counsel for the Corporation will be required to do inspection of the premises and also obtain certain measurements from the city survey. The Corporation may do so. The petitioners shall allow the Corporation to inspect the premises freely upon skc 3 WP-1932-11 due notice being given and make necessary requisition to the City Survey Department. The learned Assistant Government Pleader appearing for the City Survey Department states that the necessary action will be taken by the City Survey Department within a period of two months from the receipt of such request from the Corporation. Statement is accepted. We accordingly direct that the respondents Corporation shall decide the question of the petitioners entitlement to TDR and issue DRCs to the petitioners within a period of four months from today in accordance with law. 6. Rule made absolute in above terms. (S. A. BOBDE, J.) (SMT. V. K. TAHILRAMANI, J.)