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7. Apropos the above submission, Mr. Dwarkadas, learned senior counsel for the SRA invites our attention to Regulation 11(4) of the Development Control Regulations (DCR), which reads as under: -
'11(4) Shifting and/or interchanging the purpose of designations/reservations: - In the case of specific designations/ reservations in the Development Plan, the Commissioner, with the consent of interested persons may shift, interchange the designation/reservation in the same or/on adjoining lands/building, to which an access is available or has to be provided and the same is not encumbered provided that the area of such designation/reservation is not reduced.' The learned counsel submits that in view of the above Regulation, SRA is ready to consider the application for permitting the developer to shift, interchange the designation/reservation in the same or/on adjoining lands/building to which an access is available or has to be provided and the same is not encumbered provided that the area of such designation/reservation is not reduced.
8. Mr. Chinoy, learned senior counsel for the petitioner, however, submits that in each case care has to be taken to see not only that area is not reduced but also that there is contiguity and public access to such open green space and that the petitioner should be heard every time, if any such permission is sought by the developer and the petitioner 901-ial12380-2021 in wp1152-2002 should get an opportunity to examine whether all safeguards are provided. It is submitted that if SRA is permitted to exercise powers under Regulation 11(4) of the DCR on its own, without any judicial intervention, the petitioner will not get any opportunity to object to any improper exercise of the power in an individual case.
9. Having heard learned counsel for parties, we are of the view that interests of justice would be served if it is directed, and it is accordingly directed that-
(i) When any developer approached SRA under Regulation 11(4) of DCR, SRA shall take all the necessary undertakings, which are presently required to be given by the developer to this Court and shall also make the developer to provide all safeguards which are being imposed by this Court as conditions of the order. A copy of the application shall also be furnished to the petitioner and the petitioner will be permitted to have a site inspection and lodge its objections/suggestions, if any, to SRA, within a period of four weeks from the date of receipt of intimation from SRA/developer. Original undertakings on affidavit shall be filed in the Registry of this Court and the same shall be placed on record of this proceeding.
(ii) If objections/suggestions which may be made by the petitioner are taken care of by the developer, there will be no need for any party to move this Court. But if SRA and/or the developer do not accept the objections/suggestions of the petitioner, then the developer shall move this Court by filing notice of motion in the present proceeding.
(iii) If the petitioner does not raise any objection to reallocation of the reserved land, SRA will grant permission under Regulation 11(4) to the developer, if all conditions of the said Regulation are fulfilled and if the developer gives all the undertakings and safeguards as aforesaid. There upon the interim order dated 31 July 2002 shall not come in the way of sanctioning the plan.