1 wp5632.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5632 OF 2010 Mr.Kishor S. Porwal : Petitioner V/s. The Local Planning Authority & Ors. : Respondents .... Mr.V.B.Naik i/b.Mr.S.R.Kulkarni for the petitioner. Mr.P.P.Kakade, Asstt. Govt. Pleader for the State. ... CORAM : D.D. SINHA AND MRS.MRIDULA BHATKAR,JJ. DATE : AUGUST 03, 2010. P.C.: Heard the learned counsel for the petitioner and the learned Asstt. Govt. Pleader for the State. 2. This Writ Petition is directed against the order dated 3.8.2006 passed by the Hon’ble Chief Minister whereby the appeal preferred by the petitioner under section 47 of the Maharashtra Regional and Town Planning Act, 1966, came to be rejected. 3. The following facts are not in dispute: 2 wp5632.10 The land in question is final plot no.786/A, Bhamburda. The petitioner submitted revised building plans (with 2 F.S.I.) before the Planning Authority dated 15.10.2003. The Planning Authority i.e. the Asstt. Engineer, Town Planning Dept., vide order dated 27.7.2004 refused to grant permission for construction with 2 Floor Space Index (F.S.I.) on the ground that as per rule 4 of the Development Control Rules, the F.S.I. of 2 is applicable only in respect of congested area as defined under the Rules and since the land of the petitioner falls within the ambit of a gaothan, it cannot be termed as congested area and, therefore, the petitioner is not entitled to have 2 F.S.I. 4. The petitioner, being aggrieved by the decision of the Asstt. Engineer, Town Planning, filed an appeal under section 47 of the Maharashtra Regional and Town Planning Act before the Hon’ble Chief Minister who, by the impugned order, dismissed the same. Hence, the present Writ Petition. 5. It is not in dispute that rule 4 of the Development Control Rules is attracted in the present case. It is also not in dispute that the Rule is applicable to congested area where F.S.I. of 2 is permissible. The land of the petitioner falls within the area of the concerned gaothan and, 3 wp5632.10 therefore, the question of granting F.S.I. of 2 does not arise since the said land cannot be treated to be a part of the congested area. In view of these undisputed facts, the impugned order passed by the Hon’ble Chief Minister appears to be just and proper. No interference is called for. 6. Writ Petition is dismissed. (D.D. SINHA, J.) (MRS.MRIDULA BHATKAR,J.)