The main legal point established in the judgment is the determination of the material date for imposing conversion charges for land use, based on the date of the application and the enactment of the relevant policy.

JUDGMENT:

1. Heard Mr. Zaidy, learned Advocate for Petitioner and Mr. Patki, learned Addl. Government Pleader for Respondents. By consent of both the learned Advocates, the Writ Petition is taken up for final hearing.

2. This Writ Petition is filed under the provisions of Article 226 of the Constitution of India seeking the following reliefs :

“(a) that this Hon’ble Court may be pleased to declare that the letters Dated 21st June 2022 [Exhibit “N”] erroneously and illegally quantifying the amount allegedly payable towards “Change of user” and 10th October 2022 [Exhibit “P” hereto] issued by the 1st Respondent thereby rejecting the Petitioner’s application and the relief sought on the basis of the application submitted on 12th September 2022 (Exhibit “Q” hereto) in respect of the subject plot, bearing Sub-plot No.17-B of Final Plot no.17 of TPS Scheme VI of Mouje, Vile Parle, Taluka Andheri having corresponding CTS No.1612/2, situated at Shastri Nagar, Santacruz (W), Mumbai– 400 054, described in paragraph 1 of the Petition are erroneous bad in law and ought to be cancelled;

(b) that this Hon’ble Court may be pleased to issue writ of certiorari or writ in the nature of certiorari or direction or order to call for the files and records of sub plot No.17B bearing TPS scheme No. Final plot No.17, C.T.S. No.1612/2 being the subject matter of registered Lease agreement Dated 28th December 2007 [Exhibit “A” hereto] and the application submitted on 12th September 2022 (Exhibit “Q” hereto) made by the Petitioner and after going through the same to forthwith direct Respondents No.1 and 2 to determine and quantify:

charges for change of user at 3% on the basis of market value of the subject land prevalent in the year 2012 as per letter Dated 27th April 2012 being Exhibit “B” hereto;

and

premium at the rate of 25% for residential use on the basis of the market value prevalent in the year 2019 (when the application was made) for converting the leasehold land into Class Occupancy I;

and

Respondents 1 and 2 may pleased be directed that upon payment of the aforesaid amounts in the office of the 1st Respondent to forthwith issue an Order converting the subject leasehold plot into Occupancy class I in favour of the Petitioner as contemplated under Rule 3 (iv) of the Maharashtra Land Revenue (Conversion of Occupancy Class-II and leasehold land into Occupancy Class-I), Rules 2019;

(c) for ad interim relief in terms of prayer clause (a) and (b) above;

(d) for costs;

(e) Such further and other reliefs for direction as this Hon’ble Court may deem, just, equitable and convenient to grant.”

3. Challenge in the Writ Petition is to the order Dated 10.10.2022 passed by the Respondent No.1 – Collector, Mumbai Suburban District on the Application Dated 12.09.2022 filed by the Petitioner in pursuance of the order Dated 19.04.2022 of this Court in Writ Petition (L) No. 7102 of 2021.

4. Briefly stated, the facts leading to the filing of the present Writ Petition are outlined as under:

4.1. Petitioner is lessee of the leasehold plot of ‘G’ tenure admeasuring 232.44 sq. meters or thereabout together with the building / structure standing thereon bearing sub-plot No.17B of final plot No.17 of TPS Scheme VI of Mouje Vile Parle, Taluka Andheri having corresponding CTS No.1612/2 (for short “the subject plot”) described in paragraph No.1 of the Petition. A lease agreement Dated 28.12.2007 is granted by the Respondent No.2 - State Government of Maharashtra with respect to the subject plot for a period of 30 years commencing from 01.08.2005.

4.2. On 19.03.2012, Petitioner alongwith the lessees of the adjacent plots made a representation to the 1st Respondent for making change in use of the subject plot for residential user instead of industrial user. Respondent No.1 by letter Dated. 27.04.2012, addressed to the Additional Chief Secretary, Revenue & Forest Department of Government of Maharashtra referred to the application of the Petitioner Dated 19.03.2012 for change in user of the s