Case Note & Summary
The petitioner, M/s. Vedant Estate & Properties, constructed four buildings after obtaining all requisite permissions including permission under Section 18 of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act), N.A. permission, environmental clearance, and a commencement certificate from the planning authority, Respondent No.1 (Chief Executive Officer, Pune Metropolitan Regional Development Authority). Upon completion, the petitioner applied for an occupation certificate. However, Respondent No.1 kept the application on hold and issued communications citing a stand by PWD, Pune that one of the buildings was affected by a proposed district road. Subsequently, an order was passed requiring realignment of the proposed road and suggesting only a partial occupation certificate in the meantime. The petitioner challenged this inaction and the communications/orders before the Bombay High Court. The court observed that neither in the impugned communications nor during the hearing could Respondent No.1 point to any proposal of the purported district road in a sanctioned development plan or even in a draft development plan published under the MRTP Act. The court noted that the petitioner had obtained all statutory permissions and a commencement certificate, and the construction was completed in accordance with those permissions. The court held that the planning authority cannot refuse the occupation certificate based on a road proposal that is not part of any statutory plan. Accordingly, the court directed Respondent No.1 to issue the occupation certificate for all four buildings within two weeks, without being influenced by the PWD's stand regarding the proposed road.
Headnote
A) Town Planning - Occupation Certificate - Refusal based on unproposed road - The planning authority cannot withhold occupation certificate for buildings constructed with valid permissions on the ground of a proposed road not forming part of any sanctioned or draft development plan under the Maharashtra Regional and Town Planning Act, 1966 - Held that the authority must issue the occupation certificate as the road proposal is not part of any statutory plan (Paras 2-4).
Issue of Consideration
Whether the planning authority can refuse to issue an occupation certificate for buildings constructed with all requisite permissions on the ground that a proposed district road affects one of the buildings, when the road is not part of any sanctioned or draft development plan under the MRTP Act.
Final Decision
The court allowed the writ petition and directed Respondent No.1 to issue the occupation certificate for all four buildings within two weeks, without being influenced by the PWD's stand regarding the proposed district road.
Law Points
- Occupation certificate cannot be withheld based on unproposed road in development plan
- Planning authority must act on valid permissions
- Section 18 MRTP Act permission
- Commencement certificate
