Case Note & Summary
The 1st petitioner, Pratapsingh R. Pardeshi, was the owner of a property bearing survey no.119+204+205+206/1+209/1, plot no.5, situated at Lohegaon, Taluka Haveli, Pune. The land was declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act). The petitioner applied for exemption under Sections 20 and 21 of the Act and declared a scheme for construction of houses for the weaker section of society, as per the Collector's scheme dated 5.2.1979. The scheme was sanctioned by the State Government on 8.8.1984 under Section 21(1) of the ULC Act. The scheme provided for construction of 50 tenements below 40 sq. meters and 20 tenements between 50 and 80 sq. meters, with a total permitted construction area of 1920 sq. meters. 10% of the built-up area (192 sq. meters) was reserved for nominees of the State Government. The scheme was to be completed within 5 years but was not completed in time; after extensions, it was implemented between 1992-93. The petitioners filed a writ petition seeking a declaration that the scheme stands fulfilled and that the respondents cannot insist on reservation of 10% of the built-up area for their nominees. The court considered the legal issues regarding the enforceability of the condition of reservation after the scheme had been implemented. The court noted that the condition of 10% reservation was part of the sanctioned scheme and the petitioners were bound by it. However, the government had not nominated any persons within a reasonable time, and the scheme had been implemented. The court held that the insistence on reservation after implementation was not justified and allowed the petition, directing that the respondents cannot insist on the reservation of 10% built-up area for their nominees.
Headnote
A) Urban Land Ceiling - Exemption under Section 21 - Scheme for Weaker Sections - The 1st petitioner, owner of surplus land, applied for exemption under Sections 20 and 21 of the Urban Land (Ceiling and Regulation) Act, 1976 and declared a scheme for construction of houses for weaker sections. The scheme was sanctioned on 8.8.1984 under Section 21(1) of the Act, with 10% of tenements reserved for government nominees. The scheme was to be completed within 5 years but was implemented between 1992-93 after extensions. The petitioners sought a declaration that the scheme stands fulfilled and that the respondents cannot insist on reservation of 10% built-up area for their nominees. The court held that the condition of 10% reservation was part of the sanctioned scheme and the petitioners were bound by it, but since the scheme had been implemented and the government had not nominated any persons within a reasonable time, the insistence on reservation after implementation was not justified. (Paras 1-3)
Issue of Consideration
Whether the respondents can insist on reservation of 10% of the built-up area for their nominees after the scheme under Section 21 of the Urban Land (Ceiling and Regulation) Act, 1976 has been implemented, and whether the petitioners are entitled to a declaration that the scheme stands fulfilled.
Final Decision
The court allowed the writ petition and held that the respondents cannot insist on reservation of 10% built-up area for their nominees. The scheme stands fulfilled.
Law Points
- Exemption under Section 21 of Urban Land (Ceiling and Regulation) Act
- 1976
- Scheme for weaker sections
- Reservation of tenements for government nominees
- Time limit for scheme completion
- Extension of time
- Enforceability of conditions after implementation
