The Overseas Chinese Cuisine (India) Pvt Ltd, owners of China Garden at Kemps Corner in a petition challenged the decision of the BMC, which through a letter of July 3, 1999 refused to accept the restaurant's claim that since it had obtained TDR/FSI of 136.50 sq mtrs, it could be regularised. China Garden is seeking regularisation of its restaurant on 15.07 sq mtrs of land and of the mezzanine floor measuring 44.5 sq mtrs.

The BMC held that since the land fellin the Coastal Regulation Zone, TDR could not be accepted. Counsel for the petitioners, Janak Dwarkadas, argued that if CRZ was the norm, then almost all the structures in the Kemps Corner area would be affected.