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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P.Colabawalla, Somasekhar Sundaresan
Raj Realtors – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. refusal to issue an oc is contested. (Para 2 , 3 , 4 , 5) |
| 2. arguments center on permissions and compliance. (Para 6 , 11 , 12 , 23) |
| 3. mrtp act outlines development permissions. (Para 7 , 8 , 9 , 10 , 14 , 21) |
| 4. oc issuance upheld under legal requirements. (Para 19 , 24) |
| 5. judgment orders issuance of oc. (Para 25 , 26 , 27 , 28) |
SOMASEKHAR SUNDARESAN, J.
Somasekhar Sundaresan J.
1. Rule. Rule is made returnable forthwith. Respondents waive service. By consent, heard finally.
Factual Background :
2. This Petition seeks a declaration that the refusal to issue an Occupation Certificate ( “OC” ) by the Tahsildar, Alibag, (Respondent No. 4), in respect of ten buildings constructed by the Petitioner pursuant to development permissions granted by the Collector (Respondent No. 2), is illegal, and also seeks a direction that the OC be issued to the Petitioner.
3. The Petitioner is a partnership firm, which has constructed ten buildings pursuant to development permissions and commencement certificates issued from time to time in respect of land admeasuring 7 Hectares, 90.2 Ares, situated at Mouje Pashane, Taluka Karjat, District Raigad, bearing Survey Nos.8/2A/1, 8/2A/2, 8/3A/1,
Development permissions obtained before the implementation of new regulations remain valid; non-issuance of an occupation certificate violates legal entitlements established by prior approvals.
The relevant cut-off date in the impugned M-3 Modification regarding committed development is the date of passing of the resolution in the 7th Meeting convened on 28.03.2017 granting approval for pub....
Point of law : Right of a person to construct residential houses in the residential area is a valuable right. The said right can only be regulated in terms of a regulatory statute but unless there ex....
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....
The main legal point established in the judgment is the interpretation and applicability of the provisions of UDCPR 2020, particularly Rule 10.2.10, and the impact of the order dated 19.11.1971 on th....
The main legal point established in the judgment is that the reservation of land under the Maharashtra Regional Town Planning Act can lapse if the acquiring authority fails to take steps for acquisit....
Entitlement to Transferable Development Rights (TDR) arises only upon land surrender, not application submission, as per the Maharashtra Regional and Town Planning Act.
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