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6. According to the applicant, the Project Proponent has changed his residential proposal to commercial vide revised layout sanction dated 07.08.2004. As per the Commencement Certificate issued under the dC Rules, the CC permission is valid only for one year. Thereafter, the PMC issued revisions vide Commencement Certificate dated 22.11.2016, after lapse of eight years from last permission dated 04.01.2008 without taking any legal recourse under the Maharashtra Regional & Town Planning Act, 1966 (MR&TP Act). The PMC has not issued any revision or permission from 04.01.2008 till 22.11.2016. Therefore, as per Sections 44 and 45 of the MR&TP Act, the sanction issued to the present project became invalid, as the building sanction commencement is valid only for one year.

9. The Transferable Development Rights (TDR) loading is increased from 40% to 140% i.e. from claimed 4375.36 sq.mtrs. to 16106.09 sq.mtrs. The TDR loading shown is 9518.15 sq.mtrs. (Slum 2100 + reservation 7418.15 sq.mtrs.) against illegal TDR claim of 16106.09 sq.mtrs. The Project Proponent has utilized TDR for 45 Mtr. D.P. Road widening on an area 518.44 sq.mtrs. to the extent of 1036.88 sq.mtrs. and further the Project Proponent has utilized TDR for an area of 677.21 sq.mtrs. but road widening areas are not handed over to the PMC, which is totally illegal and in violation of DC Rules. The Project Proponent has claimed net plot area to the extent of 11504.35 sq.mtrs. without excluding recreational open space of 1218.15 sq.mtrs. for the computation of FSI and TDR instead of 10938.41 sq.mtrs. The development started in the year 2000 with the applicability of DC Rules Provisions of 1987 and therefore, the Project Proponent cannot take benefit of new DC Rules, 2017 merely because of non-issuance of occupancy certificates. The Project Proponent has claimed FSI to the tune of 1.25 and TDR 1.40% of net plot area, which is totally illegal as these loadings will give counterblast to the provisions of occupant load and tenement statements. Moreover, purely commercial development on Pune-Solapur road is totally illegal.

3. It is a single building that houses shops, offices, restaurants, theaters and food court, all in single enclosure over a piece of land of 12,700m2 area. The project proponent [PP] has developed the project so as to consume all the Floor Space Index [FSI]; within the frame-work of Development Control [DC] rules. As the project progressed the DC rules are modified/amended and the PP got the additional FSI. Thus the building became large (in footprint) & taller. As and when the PP will have to concede the plot area for road widening, the plot will look smaller and relatively the building will look bigger.

48. The answering respondent has obtained NOC from Tree Authority on 02.03.2019 and carried out plantation and other activities related to the trees strictly as per the terms and conditions of the NOC.

49. The answering respondent has ensured that the DG sets installed at the site is completely complied with as per Rules and regulations and the sound produced by the DG sets are within the permissible limit by providing acoustic enclosures to the DG sets.

50. The Development Plan of Pune had been sanctioned by Notification dated 05.01.1987 and the Development Control Regulations have been sanctioned as per part of the said plan. As per the Development Plan sanctioned in 2000, the plot in question is in residential zone fronting 45.00 mtr DP road. Therefore, it falls in the category of Residential-2 zone. As per the DC Rules, all commercial users are permitted to raise construction in Residential-2 zone. Building plans of commercial buildings were approved in 2007 and 2008. The Tahsildar, Pune, vide order dated 13.12.2018, directed the owner to pay an amount of Rs.9,09,486/- towards N.A. charges for commercial use and conversion of tax which was deposited on 13.12.2018. There are absolutely no borewells existing on the site. The allegations regarding occupant load, production of solid waste during construction or operation or decommissioning are false.