construction shall be granted. The Corporation has placed reliance on Regulation 8 of the DCR which defines “amenity” as roads, streets, open spaces, parks, recreational grounds, play-grounds, gardens, water supply, electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences. The Municipal Corporation would submit that under the sanctioned development plan for Mira Bhayander Corporation, parts of Respondent No.4's land was reserved for D.P. Road and were accordingly surrendered to Respondent No.2. The Municipal Corporation by order dated 31 January 2011 and 22 February 2011 granted permission to Respondent No.4 for the construction of certain D.P. Roads and road side drains as per the estimations, specification and drawings sanctioned by the Works Department of the Corporation on certain terms and conditions for the consideration of issuance of TDR to the extent of expenditure, which is to be on the basis of the cost for roads, stipulated by the Works Department. It is stated that Respondent No.4 had constructed the amenities namely cement concrete road, as per the specifications of the Corporation. It is stated that on completion of construction, the same was inspected and tested by an independent surveyor from IIT, and only on satisfying itself on the nature and quality of road and as per the orders passed by this Court in Writ Petition No.5509 of 2013, the Respondent -Corporation issued a certificate of TDR to Respondent No.4 dated 28 August 2015. It is stated that there were no discrepancies of whatsoever nature in issuing the TDR and in doing so, the Respondent-Corporation have saved crores of rupees.
