Case Note & Summary
Two writ petitions were filed before the High Court of Bombay, Nagpur Bench, challenging an order dated 20.10.2005 passed by the Chairman, Nagpur Improvement Trust. The dispute concerned land bearing Survey Nos. 82, 85, 86, 95 and 97 of Mouza Khamla, Nagpur, originally belonging to the Bhosala family and later subject to a compromise decree in Civil Suit No. 121/1974, which resulted in Raje Ajitsingh Bhosale and Raje Laxmansingh Bhosale becoming joint owners. In 1983, these owners entered into an agreement of sale of 10.38 acres with Nelco Cooperative Housing Society at Rs.80,000 per acre, received full payment by April 1984, and delivered possession to the Society on 18.11.1983 via a registered deed. A registered General Power of Attorney was also executed in favour of the Society's President in 1995. The Society prepared a layout, and its members, including the petitioners in Writ Petition No. 197 of 2006, purchased individual plots in 1987-88 and obtained registered Allotment Deeds. The land fell within the urban agglomeration and was subject to the Urban Land (Ceiling and Regulation) Act, 1976. The Competent Authority (ULC) exempted 42024.30 sq m under Section 20(1)(a) on 25.6.1996 and later confirmed exclusion of the land from surplus by order dated 11.7.2002. The Society also obtained non-agricultural use permission on 2.7.1996, and 7/12 extracts reflected possession from 1985. The Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001, provided for regularisation of existing gunthewari developments as on 1.1.2001. Members of Nelco Society applied to the Nagpur Improvement Trust, the Planning Authority under Section 2(c) of the Gunthewari Act, seeking regularisation under Section 4. The Trust thereafter passed the impugned order on 20.10.2005. The petitioners contended that their rights flowing from the agreement, possession, ULC exemption, and non-agricultural permission entitled them to regularisation. The court heard the petitions together on 5 May 2006, with rule returnable forthwith, but the judgment provided is incomplete and does not disclose the final decision.
Headnote
A) Urban Land Ceiling - Exemption under Section 20(1)(a) - Exclusion from Surplus Land - Urban Land (Ceiling and Regulation) Act, 1976 - Land admeasuring 42024.30 sq m was exempted for Nelco Cooperative Housing Society's layout scheme vide orders dated 25.6.1996 and 11.7.2002, confirming Society's claim - Held that Society's petition and member claims were based on this exemption (Paras 6-7). B) Gunthewari Act - Regularisation of Development - Planning Authority - Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001, Sections 2(c), 4 - Members of Nelco Society applied to Nagpur Improvement Trust, being the Planning Authority, for regularisation of gunthewari development existing as on 1.1.2001, with documentary proof of legal possession and layout - Held that applications were considered and order passed, which is impugned (Paras 8).
Issue of Consideration
Validity of order dated 20.10.2005 passed by Chairman, Nagpur Improvement Trust regarding regularization of gunthewari development of Nelco Cooperative Housing Society's layout
Law Points
- regularisation of gunthewari development
- exemption under Section 20(1)(a) of Urban Land (Ceiling and Regulation) Act
- 1976
- possession rights under agreement of sale
- planning authority under Maharashtra Gunthewari Developments Act
- 2001
