The Bombay High Court ruled in favor of Raj Realtors, directing the issuance of an Occupation Certificate (OC) for a project developed on converted agricultural land. The judgment addresses the interplay between the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) and the Unified Development Control and Promotional Regulations (UDCPR). The Court held that permissions granted under Section 18 of the MRTP Act, prior to the notification of the Draft Regional Plan (DRP), were valid and binding. Regulation 5.1.3 of the UDCPR was interpreted harmoniously with Section 18 of the MRTP Act, allowing the petitioner to seek an OC without further hurdles.

1. Background and Dispute

   • Raj Realtors constructed a multi-building residential-cum-commercial project on land converted from agricultural to non-agricultural (NA) status, with requisite approvals from authorities.
   • The Tahsildar refused to issue an OC, citing potential inconsistencies with Regulation 5.1.3 of the UDCPR.
   • The petitioner challenged this refusal, arguing compliance with earlier permissions under the MRTP Act.

2. Factual Summary

   • Permissions were granted for land use change on April 4, 2017, just before the publication of the DRP on April 5, 2017.
   • The Regional Planning Board had resolved to publish the DRP earlier, on March 22, 2017.
   • The petitioner completed the project as per approvals and sought an OC post-UDCPR notification.

3. Legal Analysis

   • Section 18, MRTP Act: Allows development with prior Collector approval before DRP publication. Permissions granted on April 4, 2017, were deemed valid.
   • Regulation 5.1.3, UDCPR: Addresses "committed developments" pre-dating the DRP. The Court interpreted the regulation to align with Section 18 of the MRTP Act, ensuring no retrospective invalidation of lawful approvals.

4. Ratio Decidendi

   • Permissions granted under the MRTP Act prior to regulatory changes cannot be invalidated by later subordinate legislation.
   • Regulation 5.1.3, UDCPR, should be read harmoniously with the MRTP Act to prevent contradictions.
   • Development carried out per permissions is protected and entitled to the issuance of an OC.

Acts and Sections Discussed:

• Maharashtra Regional Town Planning Act, 1966 (MRTP Act)
  • Section 18: Restrictions on land use change and development post-DRP publication.
• Unified Development Control and Promotional Regulations (UDCPR)
  • Regulation 5.1.3: Provisions for pre-committed developments.

Subjects:

Land Use Regulation, Urban Development, Maharashtra Regional Town Planning Act, Unified Development Control and Promotional Regulations, Occupation Certificate, High Court Judgments, Real Estate Compliance.