Case Note & Summary
The petitioner, a flat owner in a building constructed by respondent No.6 on land owned by respondent No.7, filed a civil suit (R.C.S. No.517/2011) alleging that common areas were being utilized contrary to the sanctioned plan and the Apartment Ownership Act, 1970. During the pendency of the suit, on 27/06/2014, the Planning Authority approved certain changes to the sanctioned plan. Aggrieved, the petitioner filed an appeal under Section 47 of the Maharashtra Regional and Town Planning Act, 1966, along with an application for condonation of delay. The Appellate Authority (respondent No.1) by order dated 02/06/2017 refused to entertain the appeal, holding that the petitioner had no locus to challenge building permission granted to a third party and that there was no provision to grant stay. The petitioner challenged this order by way of a writ petition under Article 227 of the Constitution. The High Court held that the petitioner, as a flat owner, had sufficient interest to challenge the modification of the sanctioned plan affecting common areas. The Appellate Authority erred in rejecting the appeal without considering the application for condonation of delay and the prayer for stay on merits. The impugned order was set aside, and the matter was remitted to the Appellate Authority for fresh consideration of the appeal, condonation of delay application, and stay application in accordance with law.
Headnote
A) Town Planning - Locus Standi - Appeal under Section 47 of MRTP Act - Flat owner has sufficient interest to challenge modification of sanctioned plan affecting common areas - Appellate Authority erred in holding that petitioner had no locus to challenge building permission granted to a third party (Paras 2-4).
B) Town Planning - Condonation of Delay - Stay Application - Appellate Authority must consider application for condonation of delay and prayer for stay on merits before rejecting appeal - Impugned order set aside and matter remitted for fresh consideration (Paras 4-5).
Issue of Consideration
Whether the Appellate Authority under Section 47 of the Maharashtra Regional and Town Planning Act, 1966 can reject an appeal solely on the ground of lack of locus standi without considering the application for condonation of delay and the prayer for stay on merits.
Final Decision
The impugned order dated 02/06/2017 passed by respondent No.1 is set aside. The matter is remitted to the Appellate Authority for fresh consideration of the appeal, the application for condonation of delay, and the prayer for stay in accordance with law. The writ petition is allowed in the aforesaid terms.
Law Points
- Locus standi of flat owner to challenge building permission
- Appellate Authority's duty to consider condonation of delay and stay application on merits
- Section 47 of Maharashtra Regional and Town Planning Act
- 1966
Case Details
2019 LawText (BOM) (04) 180
Writ Petition No.5470 of 2017
Shri S. S. Dhengale for petitioner, Ms K. Deshpande for respondent Nos.1,2 and 5, Shri J. B. Kasat for respondent No.3
Siddheshwar s/o Panchappa Hawa
State of Maharashtra, Minister, Urban Development Department, Nagpur Municipal Corporation, Asstt. Commissioner, Dharampeth Zone No.2, Assistant Director Town Planning, Sunil Vishambarnath Tiwari, Bazargaon Paper and Pulp Mill Pvt. Ltd.
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Nature of Litigation
Writ petition under Article 227 of Constitution challenging order of Appellate Authority refusing to entertain appeal under Section 47 of MRTP Act.
Remedy Sought
Petitioner sought setting aside of order dated 02/06/2017 and direction to Appellate Authority to consider appeal, condonation of delay, and stay application on merits.
Filing Reason
Petitioner, a flat owner, aggrieved by modification of sanctioned plan affecting common areas, filed appeal under Section 47 of MRTP Act which was rejected on ground of lack of locus standi.
Previous Decisions
Civil suit R.C.S. No.517/2011 pending before civil court; Planning Authority order dated 27/06/2014 approving changes in sanctioned plan; Appellate Authority order dated 02/06/2017 rejecting appeal.
Issues
Whether the petitioner, as a flat owner, has locus standi to challenge the building permission granted to a third party under Section 47 of the MRTP Act.
Whether the Appellate Authority was justified in rejecting the appeal without considering the application for condonation of delay and the prayer for stay.
Submissions/Arguments
Petitioner's counsel argued that the petitioner, being a flat owner, had sufficient interest to challenge the modification of the sanctioned plan affecting common areas, and the Appellate Authority ought to have considered the condonation of delay and stay application on merits.
Respondents' arguments not detailed in judgment.
Ratio Decidendi
A flat owner has locus standi to challenge modification of sanctioned plan affecting common areas under Section 47 of the MRTP Act. The Appellate Authority must consider applications for condonation of delay and stay on merits before rejecting an appeal.
Judgment Excerpts
The challenge raised in this writ petition filed under Article 227 of the Constitution of India is to the order dated 02/06/2017 passed by the respondent no.1 thereby refusing to entertain the appeal filed by the petitioner herein under Section 47 of the Maharashtra Regional and Town Planning Act, 1966...
The Appellate Authority by the impugned order has held that the petitioner had no locus to challenge the building permission as granted to a third party and further there was also no provision to grant any stay to the said building permission as prayed for by the petitioner.
Procedural History
Petitioner filed civil suit R.C.S. No.517/2011 in 2011. On 27/06/2014, Planning Authority approved changes in sanctioned plan. Petitioner filed appeal under Section 47 of MRTP Act with condonation of delay application. On 02/06/2017, Appellate Authority rejected appeal. Petitioner filed writ petition under Article 227 on 16/04/2019.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 47
- Constitution of India: Article 227
- Apartment Ownership Act, 1970:
