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(x) That though the petitioners had specifically submitted that under Regulation 17(3)(D)(a)(2)(ii); a Developer is required to surrender 35% of the land and/or 65% is to be used for the SR area since it is non-buildable open space reservation. It is submitted that Regulation 17(3)(D)(a)(2)(ii) would be applicable and not Regulation 17(3)(D)(a)(4) as claimed by the Architect on behalf of the Developer.

25. We have heard learned AGP for the State, Mr. Ravi Kadam, learned Senior Advocate for respondent no.6-Developer and Mr. Amogh Singh, learned counsel for respondent no.7-Society at length. Reliance is placed on the documents in the writ petition and those annexed to the Interim Application (L) No.8730 of 2026 filed by the Developer in support of their submissions.