IMPORTANT POINT
Reclaimed land is covered under Section 295 of Maharashtra Land Revenue Code, 1966.

JUDGMENT :

B.R. GAVAI, J.

1. Delay condoned and leave granted in SLP(C) Nos.26906-26911 of 2011.

2. By way of the present appeals, the State has assailed the judgment and order dated 29th September 2009 passed by the Division Bench of the High Court of Judicature at Bombay in Writ Petition No. 713 of 2001, thereby allowing the writ petition filed by the respondents.

3. The respondents-original writ petitioners had filed the writ petition challenging the letter dated 27th June 2000 addressed by the Collector to the Sub-Registrar, Bombay City, Old Custom House. By the said letter, the Collector had directed the Sub-Registrar not to register any transaction in respect of transfer of flats in the buildings situated in B.B.R. Block Nos. 3 and 5, Nariman Point and Cuffe Parade, Bombay without obtaining a No Objection Certificate from the Collector.

4. In the year 1971, the State Government had invited offers for the lease of Plot Nos.93, 94, 99, 100 and 121 from Block V Back Bay Reclamation Estate. In response to the said notice, one M/s. Aesthetic Builders Pvt. Ltd. (hereinafter referred to as the “said builder”) had made a bid for Plot No. 121 (Old) or 119 (New). The bid was on the basis that the said builder would construct and sell flats on ownership basis. The purchasers of the flats would thereafter form a Co-operative Society, in which Society the rights of the Company would be transferred. The bid of the said builder was accepted and the State Government granted a licence to the said builder to enter upon the plot and construct a building in accordance with the plans and specifications sanctioned by the Municipal Corporation of Greater Bombay.

5. On the said plot, a twenty-two storey building namely Jolly Maker Apartments No.3 was constructed by the Company and the flats were sold to various parties on ownership basis. Occupation certificate in respect of the said building was issued on 12th December 1975. The subject matter of the present dispute is Plot No. 211, which was sold to one Mr. A. Madhavan by an agreement dated 22nd November 1972. After completion of the building in the year 1977, the purchasers of the flats formed a Co-operative Society called Varuna Premises Co-operative Society Ltd., which was duly registered under the Maharashtra Cooperative Societies Act, 1960. By an agreement dated 23rd May 1978, the said Mr. A. Madhavan sold his rights in the said flat to one Mrs. Reshmidevi Agarwal. On 16th December 2000, respondent No.1 entered into an agreement with Mrs. Reshmidevi Agarwal to purchase rights to occupy Flat No. 211 as also five shares in the Society. When respondent No.1 approached the Sub-Registrar Office for registration, he was declined the registration and directed to secure a No Objection Certificate from the Collector. In the above backdrop, respondents approached the High Court by way of the writ petition.

6. The claim of the respondents was resisted by the State. It was the contention of the State that in view of Government Resolution dated 12th May 1983 (for short “1983 Resolution”) and Government Resolution dated 9th July 1999 (for short “1999 Resolution”), the State was entitled to claim premium as a condition for grant of permission for transfer of the flats. The State had pressed into service Clauses 15 and 16 of the Memo of Terms and Conditions for the Lease of Plot from Block V Back Bay Reclamation (hereinafter referred to as the “said terms and conditions”). The High Court did not find favour with the contentions raised by the State and allowed the writ petition. Being aggrieved thereby, the State has approached this Court by way of the present appeal.

7. We have heard Shri Shekhar Naphade, learned Senior Counsel appearing on behalf of the State and Shri C.U. Singh, learned Senior Counsel appearing on behalf of the respondents-writ petitioners.

8. Shri Naphade submitted that the impugned judgment and order of the High Court is not sustainable on several grounds. The learned Senior Counsel submitte