Case Note & Summary
The petitioners, Salim Alimahomed Porbanderwalla (owner of land CTS Nos. 124 and 125, Village Marol, Andheri, measuring about 17492.70 sq mtrs) and Shivranjani Properties LLP (developer), filed a writ petition seeking implementation of Government Resolutions dated 1st August 2019 and 23rd June 2021. The background is that on 15th May 2008, the Additional Collector and Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act) passed an order exempting the surplus vacant land from Chapter III of the ULC Act, subject to certain conditions. Subsequently, the State issued Government Resolutions providing a scheme for regularisation of such surplus land by payment of a premium, which would relieve the owner of the conditions of the exemption order. The petitioners applied for the benefit of these resolutions, but the respondents (State of Maharashtra and Additional Collector) failed to act, and instead issued a letter dated 22nd April 2022 which the petitioners sought to quash. The court examined the resolutions and found that the petitioners were entitled to the benefit. The court directed the respondents to raise a demand for premium as per the resolutions, and upon payment, to relieve the petitioners of all terms and conditions of the exemption order dated 15th May 2008. The petition was allowed in those terms.
Headnote
A) Urban Land Ceiling - Regularisation of Surplus Land - Government Resolution Policy - Sections 20, 21 Urban Land (Ceiling and Regulation) Act, 1976 - Petitioners sought implementation of Government Resolutions dated 1st August 2019 and 23rd June 2021 for regularisation of surplus vacant land, which allowed owners to pay a premium and be relieved of conditions of earlier exemption orders - The court held that the policy applied to the petitioners' case and directed the respondents to raise a demand for premium and upon payment, relieve the petitioners of the terms of the exemption order dated 15th May 2008 (Paras 1-24).
Issue of Consideration
Whether the petitioners are entitled to the benefit of Government Resolutions dated 1st August 2019 and 23rd June 2021 for regularisation of surplus vacant land, and whether the respondents are obliged to implement those resolutions and raise a demand for premium in lieu of the earlier exemption order dated 15th May 2008.
Final Decision
The court allowed the petition and directed the respondents to implement the Government Resolutions dated 1st August 2019 and 23rd June 2021, raise a demand for premium in respect of the surplus vacant land, and upon payment of such demand, relieve the petitioners of all terms and conditions of the exemption order dated 15th May 2008. The letter dated 22nd April 2022 was quashed and set aside.
Law Points
- Government Resolution policy
- regularisation of surplus vacant land
- Urban Land (Ceiling and Regulation) Act 1976
- exemption order
- demand for premium
- implementation of policy decision
- writ of mandamus
