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(2) The State Government may, after making such inquiry as it may consider necessary after hearing the persons served with the notice and after consulting the Director of Town Planning by notification in the Official Gazette, sanction the modification with or without such changes, and subject to such conditions as it may deem fit, or refuse to accord sanction. If a modification is sanctioned, the final Development Plan shall be deemed to have been modified accordingly."

47. The words "Minor modification" in the marginal note were substituted by the word 'Modification' in the marginal note of Section 37 by Maharashtra Act No. 39 of 1994, The section refers to modification of any part or proposal made in a final Development Plan, which is of such nature that it will not change the character of such Development Plan. The modification proposed by the Planning Authority, if it does not change the character of the Development Plan, has to be published and objections invited. Thereafter, the procedure laid down in the section has to be followed before it is sent for the Government's sanction. On a mere reading of Section 37, it is quite clear that what is not permitted under the aforesaid section is a modification in the final Development Plan of a nature which will change the character of the Development Plan. It is, therefore, not relevant to consider as to whether the modification is of a substantial nature as enumerated in Section 22A of the Act. What is relevant is to consider whether the modification would change the character of the Development Plan. Learned Advocate-General and Counsel for the interveners are, in our view, right in submitting that the question as to whether the sanctioned modification amounted to a modification of a substantial nature, is wholly irrelevant while considering a modification sought to be made under Section 37 of the M.R.T.P. Act. The sole question, therefore, which arises for consideration is : Whether the modification proposed and sanctioned brings about a change in the character of the Development Plan? In our view, the modification is not such as would bring about a change in the character of the Development Plan. The modification of the Development Control Regulations as sanctioned by the State Government is applicable only to cases of reconstruction/redevelopment undertaken by the Corporation or the owners of the existing authorised buildings destroyed by fire, collapsed, demolished, etc. It is not as if there is a general increase in F.S.I, and any builder or developer can raise a structure with F.S.I. : 3. It is only in the cases specified where such increased F.S.I. is permissible. The modification giving benefit of increased F.S.I, is, therefore, limited in its application only to those reconstruction/redevelopment proposals specified in the Resolution, and is not meant to give benefit of increased F.S.I, to all development proposals which may be submitted hereafter. Since the benefit of increased F.S.I, will be available only to a very few structures, it cannot be said that the grant of additional F.S.I, limited to only such structures changes the character of the plan. In fact, a Division Bench of this Court in Writ Petition No. 693 of 1991, etc., decided on 16th April, 1991 took the view that such a modification was not even a substantial modification under Section 22A of the M.R.T.P. Act.