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S. V. GANGAPURWALA, VINAY JOSHI
Krishnakumar Bhagwantiprasad – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.V. GANGAPURWALA, J.
1. Rule.
Rule made returnable forthwith. By consent of the parties, taken up for final disposal.
2. All these Writ Petitions are based on similar set of facts and assail the same communication dated 2nd December, 2021 issued by the Collector, Mumbai Suburban District thereby instructing the Municipal Corporation of Greater Mumbai not to grant building permissions in respect of lands granted on B-1 tenure under Form HH under the provisions of Bombay Land Revenue Code, 1879 and the Bombay Land Revenue Rules, 1921, unless confirmation has been received by the Collector, Mumbai Suburban District that the applicant for such permission has deposited conversion premium for converting landholding from B-1 tenure to C tenure as per the Government Notification dated 3rd August, 2019.
3. The vast pieces of government land at village Chembur were converted into SS-III by the respondent no. 1 pursuant to which, individual plots were carved out as part of the said scheme and granted to the purchasers/grantees on certain terms and conditions. One M/s. F.E. Dinshaw was entitled to various plots of land. Dinshaw's rights over the said property came to be assigned in favo
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
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.
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....
The impugned notification did not apply to the entire area mentioned in the sanctioned layout, and subsequent applications for further development were governed by the provisions at the time of appli....
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