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A. S. CHANDURKAR, ANIL L. PANSARE
Sunil – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
ANIL L.PANSARE, J. - Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.
2. The Petitioner has put forth the following substantive prayer:-
"(i) Quash and set aside the impugned demand dtd. 15/1/2021 (Annexure-7) and communication dtd. 11/11/2021 (Annexure-12) issued by the Respondent No.3 and hold and declare that no development charges are recoverable from the Petitioner."
3. By the impugned communication, the Respondent No.3 - Nazul Tahildar, raised a demand for a sum of Rs.34,05, 806.00 in order to grant No Objection Certificate ('NOC' in short) to sell the flats developed by the Petitioner, on the premise that the same has been done by using Transfer of Development Rights ('TDR' in short) in a multistoried building by name and style as "La Regalia" constructed on nazul Plot No.94 admeasuring 1114.8 sq.mts. in Mouza Lendra, Ramdaspeth, Nagpur.
4. The Petitioner states that he is the owner of the said plot. He entered into an agreement of development with M/s. Raghav Life Spaces, through its partner, Sharad Mor on 22/7/2015. The Petitioner has also executed power of attorney in favour of Mr. Mor on the same day. The parties decided to d
The main legal point established in the judgment is that the authority to levy development charges must be in existence at the time of granting permission, and the recovery of the amount of premium o....
Development charges for nazul land must be assessed and determined at the time of granting permission, and any subsequent demand based on later government resolutions is not legally valid.
Development charges cannot be levied on land that is already developed and in use prior to the enactment of relevant provisions in the Maharashtra Regional and Town Planning Act, 1966.
Only charges specified in Section 15(2-A) can be levied.
Authority must adhere to applicable regulatory frameworks when determining development charges and project timelines, ensuring compliance with statutory periods defined in the HMDA Act.
The main legal point established in the judgment is that the respondent corporation has the authority to suspend development permission and must provide both parties with an opportunity to present th....
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