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9. In 2012, the Societies formed by flat purchasers of Building No.2 (Wings A to J) formed and registered the Federation. In 2014, the Developer further got approved revised plans for Plot 'D' k 7/70 94 ial 16204.24 in s 143.25 os.doc from MCGM. This time it applied for sub-division of Plot 'D' into Plot 'D1' (for Building No.1) admeasuring 3,200 sq.mtrs. and Plot D2 (for Building No.2, Wings A to J) admeasuring 15,402 sq.mtrs. The plan also provided for addition of 868.45 sq.mtrs. of transferred DP Road FSI from Plot 'C' to Plot 'D'. The sub-division was however made conditional on certain conditions. According to the Federation, the said conditions were not fulfilled and that therefore, the sub-division has actually not taken place and that plot 'D' continues to remain as one contiguous piece of land admeasuring 18,602.2 sq.mtrs..

MUNICIPAL CORPORATION OF GREATER MUMBAI NO.CHE/304/BPES/LOT 25 SEP 2014 To Shri R.R. Chawla, Hari Chambers, 3rd floor, 59-64, Shahid Bhagatsingh Roard, Mumbai- 400 023 Sub : Proposed amended layout /sub-division of plot bearing C.T.S. No.43, 44 & 45 of village Mulund (East), gavanpada, Mulund (East), Mumbai.
                                                                         Executive Engineer
                                                                  (Building Proposal)E.S.-II



 k                             54/70                  94 ial 16204.24 in s 143.25 os.doc




64. Thus, while sanctioning the sub-division, the MCGM had incorporated following two conditions in the letter dated 25 September 2014:

(i) Issuance of fresh PR card of sub-division of Plot No. D.
(ii) Conveyance of layout RG in favour of Federation.

65. So far as the first condition of issuance of fresh PR card of sub-division of Plot-D is concerned, same remained a mere formality to be completed by the Revenue Authorities on account of sanction of sub-division by MCGM. The condition of procurement of fresh PR Card was incorporated only for the purpose of giving effect to the sub- division in the revenue records. This condition can be fulfilled even today and therefore non-procurement of fresh PR card of subdivision of Plot No. D cannot be reason for inferring that the permission for sub-division has lapsed. So far as the second condition of conveyance of Recreation Ground in favour of the Federation is concerned, the distribution of total RG area (3165 sq. mtrs) in Plot D is as under: