Case Note & Summary
The matter involved writ petitions challenging the City and Industrial Development Corporation of Maharashtra Limited's (CIDCO) rejection of a regularization proposal for alleged unauthorized construction in the building 'Green Heritage' situated on Plots 79 & 80, Sector 20, Kharghar, Navi Mumbai. The petitioners, a partnership firm and its partner, along with individual flat purchasers, sought quashing of the order dated 9 April 2012 and a direction to reconsider regularization. The building was constructed pursuant to agreements to lease executed in 2005, and development permissions with commencement certificates were granted in 2006 under the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act). After completion, an application for an occupation certificate was made in August 2009. The petitioners alleged that CIDCO never communicated the refusal of the occupation certificate dated 10 September 2009 until a notice under Section 53(1) of the MRTP Act was issued on 13 September 2011, citing unauthorized development. Subsequently, CIDCO formally rejected the occupation certificate application on 14 October 2011, and then issued an order dated 30 January 2012 under Section 53(6)(b) directing removal of the unauthorized construction within seven days. The petitioners previously filed Writ Petition No. 1234 of 2012 challenging the notice and demolition order, during which the High Court directed a joint inspection, carried out on 14 March 2012. Following that, the petitioners submitted a regularization proposal on 22 March 2012, which CIDCO rejected on 9 April 2012, leading to the present writ petitions. The matters were heard together by a Division Bench comprising Justices A. M. Khanwilkar and S. S. Shinde. However, the provided judgment text is incomplete and does not contain the court's analysis, findings, or final order. Hence, the ultimate decision and ratio decidendi remain undisclosed.
Issue of Consideration
WRIT PETITION ST. NO.10937 OF 2012
Case Details
2012 LawText (BOM) (06) 44
Writ Petition St. No. 10937 of 2012, Writ Petition No. 2439 of 2012, Writ Petition No. 2045 of 2012
A. M. Khanwilkar, S. S. Shinde
S. K. Shinde, Vipin Kasle, R. D. Soni, Meena Sharma, G. S. Hegde, C. M. Lokhesh, Kamlewsh Ghumre, C. R. Sonawane
M/s. Abhishek Builders and Developers & Anr.; Mrs. Pooja V. Takhtani & Anr.; Bhupesh Gupta
The City and Industrial Development Corporation of Maharashtra Limited & Ors.
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Nature of Litigation
Writ petition challenging rejection of regularization proposal and seeking reconsideration of regularization for unauthorized construction; connected writ petitions by affected third parties challenging the same order.
Remedy Sought
Petitioners sought quashing of the order dated 9 April 2012 rejecting their regularization proposal and a direction to the respondents to reconsider the proposal in respect of the building Green Heritage on Plots 79 & 80, Kharghar.
Filing Reason
The petitioners' application for occupation certificate was refused in 2009 and they received notice under Section 53(1) MRTP Act in 2011, followed by an order under Section 53(6)(b) for removal of unauthorized construction, and finally rejection of their regularization proposal on 9 April 2012.
Previous Decisions
In Writ Petition No. 1234 of 2012, the High Court directed joint measurement on 9 March 2012 and joint inspection was conducted on 14 March 2012; the matter was pending.
Judgment Excerpts
Writ Petition (St.) No. 10937 of 2012 is to issue a Writ of certiorari ... quashing and/or setting aside the impugned order dated 9th April, 2012 ... rejecting the petitioners' proposal for regularization.
the first respondent granted license to the first petitioner to enter upon land ... for the purpose of erecting a building or buildings to provide for commercial cum residential purpose
by letter dated 23rd January, 2006, the first respondent granted Development Permission ... and forwarded Commencement Certificate as required under Section 45 of the MRTP Act, 1966.
the petitioners were shocked and surprised to receive notice dated 13th September, 2011 under Section 53 subsection (1) of the MRTP Act, 1966 ... their application for occupation certificate ... was refused by letter dated 10th September, 2009.
the third respondent had passed order dated 30th January, 2012 under Section 53(6)(b) of the MRTP Act, 1966 and directed the petitioners to remove the alleged unauthorized construction
Being aggrieved ... the petitioners filed writ petition being Writ Petition No. 1234 of 2012 ... the joint measurement of the said building was directed ... The joint inspection was thereafter conducted on 14th March, 2012
Procedural History
The petitioners obtained agreements to lease on 22 June 2005 and 6 September 2005 for Plots 79 and 80. Development permissions and commencement certificates were granted on 23 January 2006 and 15 June 2006 under the MRTP Act, 1966. Construction was completed and various NOCs were obtained. The petitioners applied for an occupation certificate on 13 August 2009. The said application was refused on 10 September 2009, but the refusal was not communicated to the petitioners until a notice was issued under Section 53(1) MRTP Act on 13 September 2011, alleging unauthorized development. CIDCO formally rejected the occupation certificate application on 14 October 2011. Subsequently, on 30 January 2012, an order under Section 53(6)(b) MRTP Act was passed directing removal of the unauthorized construction within seven days. The petitioners filed Writ Petition No. 1234 of 2012 challenging the notice and demolition order. During its pendency, the High Court on 9 March 2012 directed joint measurement, and on 14 March 2012 a joint inspection was conducted. The petitioners then submitted a regularization proposal on 22 March 2012, which CIDCO rejected on 9 April 2012. Aggrieved, the petitioners and affected third parties filed the present writ petitions. The High Court heard them together and reserved judgment on 9 May 2012. The considered judgment was pronounced on 11 June 2012, but the provided text is incomplete and does not contain the final decision or legal reasoning.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 45, Section 53, Section 113(1)(3)(A)
- Indian Partnership Act, 1932:
- Companies Act, 1956:
- Constitution of India: Article 12
