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"With reference to the above, I am submitting herewith four copies of each Layout Plan showing the sub-division of Plots Nos. 1, 3, 6 & 5 in the above scheme. I am also enclosing herewith list showing the names of the allottees and the areas allotted to them against their respective names for each plot.
Sub-division of Plot No.1 : This plot has been sub- divided into 20 plots numbering from 1 to 20. All the names of the allottees have been given and the areas marked against their names, except for Plot No.1, which name will be forwarded to you in due course. A private road of 30 ft. wide has been ssm 31 wp-2476.15gp.sxw provided which is to be allotted in the joint names of the owners of Plots Nos. 6 to 15.
Sub-division of Plot No. 3:- This plot has been sub-divided into 14 plots numbering from 21 to
34. All the names of the allottees have been given and the areas marked against their names. Plot No.34 which has been kept as a recreational plot is to be allotted in the joint names of the owners of Plots Nos. 21 to 33.
Sub-division of Plot No.6:- This plot has been sub- divided into plots numbering from 1 to 10, and the names of all the allottees have been given and the areas marked against their names.
Sub-division of Plot No.5:- This plot has been sub- divided into 16 plots with a private road of 30 ft. wide. Since the allotment of the plots has not yet taken place, the names of the allottees will be submitted to you in due course.
In order to effect the speedy allotment of the plots to the parties concerned, I have to request you to approve the plans submitted to you at your earliest and oblige." 



38                   Vide   another   communication   dated   2   November   1965, 




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addressed to the Housing Commissioner, the said Yahya C. Merchant has again reiterated that in Plot No. 3, area admeasuring 1687 sq. yards and in Plot No. 6, area admeasuring 2500 sq. yards totaling 4187 sq. yards shall be reserved for garden. Accordingly, in the year 1967 the Standing Committee of BMC approved the sub-division of Plot No.3 wherein, Plot No.3/34 as numbered at that time has been shown to be reserved for "Garden". Similarly, vide order dated 3 March 1967, Plot No.6 was sub-divided in 11 Plots wherein, Plot No. 10 admeasuring 2500.50 sq. yards has been reserved for garden. It can thus, clearly be seen that while layouts for plot Nos. 3 and 6 were sanctioned by the BMC in the year 1967, one plot in each of these layouts, is specifically kept reserved for garden. Undisputedly, though under 1991 DCR, the requirement was 15%; the reservation as proposed by the Architect of Anjuman Trust was approximately 10% i.e. even less than the requisite one. Be that as it may be, it is clear from the record that in the year 1967, while sanctioning the layout, these two plots, one plot each in these two larger plots, have been reserved for garden.