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13. Development Control Regulation 9 deals with land uses and the manner of development. Regulation 9 lays down that "the uses of all lands situated within the municipal limits of Greater Bombay, which have been allocated, designated or reserved for certain purposes in the development plan shall be regulated in regard to type and manner of development/redevelopment, according to Table-4". Table-4 in turn is entitled "Land uses and the Manner of Development". Items I, II and III are respectively entitled 'Residential', 'Commercial' and 'Industrial'. Item IV of Table-4 is entitled "Transportation" and sub-item (i) thereof is entitled "Parking Lot (PL)". For clarity of exposition, it would be necessary to refer to the aforesaid entry in Table-4 in its entirety. For convenience of description, the aforesaid entry is referred to as D. C. Regulation 9 IV (i) :

     

The parking spaces may be in the basement or open spaces or under the. stilts or on the upper floors. The Corporation or the owner will be entitled to thereafter have the full permissible FSI of the plot, without taking into account the areas utilised for providing the parking spaces for the other permissible users of the plot."

14. Table 4 of Development Control Regulation 9 thus spells out land uses under various heads such as residential, commercial, industrial, transportation and public or semi-public. Table-4 specifies the person or authority which may develop the land and spells out the conditions subject to which development is permissible. Development Control Regulation 9 IV (i) contemplates that in the case of land reserved for a parking lot, the Municipal Corporation may by itself acquire the land and develop, operate and maintain the parking lot. Alternatively, a public authority or organisation or the owner himself may be allowed to develop the parking lot for the public, subject to the design, specifications and conditions of the Municipal Commissioner. The public authority, organisation or the owner, as the case may be, must, however, utilise the full built-up area equal to the Floor Space Index (FSI) available on the plot for the purpose of providing parking spaces.

21. The requirement of parking for the aforesaid commercial use is 212 car parking spaces. The MMRDA has stated that this requirement is satisfied in the proposal on the same plot in accordance with the provisions of the Development Control Regulations. In addition, 288 car parking spaces will be available for general use, out of which 250 car parking spaces will remain with MMRDA for being operated as a general public parking facility.

22. Development Control Regulation 36 deals with parking spaces and specifies that where a property is developed or redeveloped, parking spaces at the scale laid down in the regulations shall be provided. Parking spaces include those in basements, stilts or on upper floors. Under Regulation 38(18)(iii) ramps have to be provided for basement and upper storeyed parking. Table 15 of Regulation 36 lays down in entry 9 thereof, the requirement of parking in cinemas and theatres. Counsel for MMRDA, the Special Planning Authority, urged that all these relevant provisions have been borne in mind in designing the tender conditions. The petitioners have not demonstrated before us any breach of ,the tender conditions or of the Development Control Regulations.