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FACTS IN INDIVIDUAL CASES

31. We have been given detailed lists of dates in the different matters in the group. What follows is an abbreviated summation of these events since we will be addressing ourselves to the common questions that arise, and it is only in the Petitions where there are additional aspects to be considered that we will deal with those separately.

WRIT PETITION (L) NO. 17993 OF 2023: PRESTIGE ESTATE PROJECTS LTD & ANR

32. In the Prestige Estate matter, the facts are largely not contentious. On 24th March 2021, members of the Pali Hill Daffodils CHSL (not a party to the Petition) consented to the appointment of Prestige Estate as a developer for redeveloping the Society's premises. These are at Bandra. On 27th August 2021, certain concessions were granted by the Municipal Commissioner to the project. A Development Agreement between Prestige Estate and the Society followed on 30th September 2021. The MCGM issued its IoD, the first of several permissions on 18th October 2021. While obtaining the IoD, Prestige Estate had to pay various amounts to the MCGM, the State Government and other authorities for diverse benefits such as additional FSI, fungible FSI, a premium for 12th, 13th & 16th October 2023 Prestige Estate Projects Ltd v State of Maharashtra & Ors & Connected Matters 901-oswpl-17993-2023-J+F.doc staircase lift lobby, deficiency in basements, scrutiny fees and so on. These details are not important for our purposes today.

67. Relcon Infraprojects' IoD is dated 15th August 2021.

68. On 29th November 2021., a supplementary agreement came to be executed between Relcon Infraprojects, Relcon Krisha Realty LLP and the society. In December 2021, Relcon Infraprojects sought to amend its plan by constructing a residential building of four wings with five common basement parking floors, stilts for stack parking plus six upper floors.

69. On 22nd December 2021, the MCGM sanctioned these amended plans. This was still in the amnesty or rebate period and Relcon Infraprojects therefore paid a premium of Rs. 2,06,19,200/-. Of this amount, Rs. 20,96,000/- was paid to the State Government and the remainder to the MCGM.

12th, 13th & 16th October 2023 Prestige Estate Projects Ltd v State of Maharashtra & Ors & Connected Matters 901-oswpl-17993-2023-J+F.doc

90. In June 2021, Evershine Builders submitted an application for an amended IoD for constructing Wing A and Wing B, basement, stilts, three podium levels, and the first to 10th floors (and, presumably, all the other 'necessities' of urban life in Mumbai such as swimming pools, gymnasiums, jogging tracks etc.) Evershine Builders' application had several proposals for additional FSI including fungible FSI and slum TDR.

Provided further that, if the development is not completed up to plinth level or where there is no plinth, up to upper level of basement or stilt, as the case may be, within the period of one year or extended period, under the first proviso, it shall be necessary for the applicant to make application for fresh permission."

(Emphasis added)

104. The second proviso speaks of development up to the plinth or upper level of basement or stilt. As we shall presently see, there are allied provisions under the DCPR 2034 regarding commencement of work in relation to the plinth.