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2022 Supreme(Bom) 1563

NITIN JAMDAR, SHARMILA U. DESHMUKH
Prasad Pandurang Tapkir – Appellant
Versus
Assistant Director of Town Planning, Pune – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Prafulla B. Shah, Swapnil B. Tingre, Gunjan Shah, Sandeep Patade, Kayval Shah.
For the Respondent: V.S. Gokhale.

JUDGMENT :

NITIN JAMDAR, J.

1. Rule. Rule made returnable forthwith. The Respondents waive service. Taken up for disposal.

2. By this petition, the Petitioners are challenging the order dated 15 February 2020 passed by the Assistant Director, Town Planning, Pune Branch, Pune refusing to return the amount of premium paid by the Petitioners on 30 August 2022 for availing the benefit of exclusion from Floor Space Index (FSI).

3. On 25 November 1997, the Urban Development Department issued a notification under Section 17 of the Maharashtra Regional and Town Planning Act, 1966 (Act of 1966) publishing the Regional Plan for Pune District. It was sanctioned and came into force with effect from 10 February 1998. The Regional Plan contained the provisions of the Development Control Regulations. The Promoters Builders Association, Pune requested the state government to modify the D.C. Regulations for the areas adjoining the Municipal Corporation Limits as the surrounding fringe area of the municipal corporations was likely to be included in the Municipal Limits in future. It was felt necessary to have a homogeneous development in the areas adjoining the Municipal Corporation Limits from a planni

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