The absence of a provision for the return of the statutory charge under 9 (e) once paid and the lack of a legal right for the return of the premium paid under this clause were the main legal points established in the judgment.

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 planning point of view. The Government was of the opinion that with a view to have properly planned development of the areas certain provisions of the said D.C. Regulations should be modified. Under Section 20 of the Act of 1966, which empowers revision or modification of the regional plan, a notice regarding the proposed modification was issued under section 20(3) of the Act of 1996 on 28 August 2008. The Government decided that the said Regulations shall be sanctioned with changes. Modification with changes and as per Schedule ‘A’ appended the notification was granted. Accordingly, a notification came to be issued by the State Government on 28 August 2009. As per Regulation 9 (e) of Schedule ‘A’ staircases and passages areas covered by specific measurements for the structures specified therein, and in the case of assembly halls, area of staircase flight, mid-landing and floor landing, staircase passages irrespective of the width of the staircase would be subject to payment of premium to be decided by the Collector in consultation with the Director of Town Planning. As per provision No. 9 (e) Schedule ‘A’ of the sanctioned Regulations, District Collector finalized the premium amount with the consultation of the Director of Town Planning, Maharashtra, Pune, for the specific area which is not included for FSI calculation to be allowed on payment of premium. Respondent No. 3 the Collector sanctioned such premium rate vide their Letter No. 500/ 2012 dated 18 June 2012.

4. The Petitioners claim to be owners of the land admeasuring about 4750 sq. meters out of survey no. 103/2/2 situated at Alandi Taluka, District-Pune. The Petitioners applied for a grant of nonagricultural conversion in respect of the land (NA permission) to carry out construction on 25 May 2012. The Sub Divisional Officer, Khed, granted the permission on 8 October 2012, referring to the sanction of plans by the Assistant Director of Town Planning, Pune, dated 25 September 2012. Permission was granted on a condition inter-alia that non-agricultural use of land should be continued and so informed within one month to the Tehsildar, and the use should be carried out within a period of one year and if it is not done, an extension would be sought otherwise permission would lapse. After scrutinizing the Petitioner’s proposal for exclusion of specific area to be excluded from the FSI calculation premium was fixed, the Petitioners deposited a sum of Rs. 30,46,290/- (Challan No. 841 dated 30 August 2012). Pursuant to the Regulations of 2009, the amounts of Rs. 6355.04 and Rs. 30,46,290/- were calculated as premium, and the challan was sent to the concerned authority. The Petitioners thereafter deposited these amounts, which are sought for to be returned by the Petitioners. Thereafter, the Petitioners ab