2022:BHC-AS:24699-DB vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11776 OF 2022

	Galore Developers Private Limited, A Company incorporated under the Companies Act, 1956 having address at 4 – Vishnuprasad, 783/B, Erandawane, Pune – 411 004. And also at 126/A/1, Bijapur Road, Solapur 413 008.	...Petitioner
	….Versus….
1.	Solapur Municipal Corporation, Indra Bhavan, Railway Lane, Solapur 413 001.
2.	The Municipal Commissioner, Solapur Municipal Corporation, Indra Bhavan, Railway Lane, Solapur 413 001.
3.	District Collector, Solapur, Solapur Collector Office Compound, Behind Dakshin Tehsil Office, Solapur – 413 001 through Government Pleader, Appellate Side, High Court, Bombay.
4.	Inspector General of Registration Office of the Inspector General of Registration and Controller of Stamps, through Government Pleader, Appellate Side, High Court, Bombay.
5.	Joint Sub-Registrar of Assurances, Solapur Collector Office Compound, Behind Dakshin Tehsil Office, Solapur – 413 001 through Government Pleader, Appellate Side, High Court, Bombay.

6.

State of Maharashtra through Additional Chief Secretary. Urban Development Department, Mantralaya, Mumbai - 400 032.

…Respondents

Dr.Milind R. Sathe, Senior Counsel with Mr.Amogh Singh and Mr.Kaustubh Patil i/b Mr.Pradeep L. Dubey for the Petitioner.

Mr.Vishwanath Patil for SMC - Respondent Nos.1 and 2.

Mr.A.I. Patel, Addl. G.P. with Mr.R.P. Kadam, AGP for the State –

Respondent Nos.3, 4, 5 and 6. CORAM : R.D. DHANUKA &

KAMAL KHATA, JJ.

DATE : 6TH OCTOBER , 2022 .

JUDGMENT (Per R.D. Dhanuka, J. :-

1. Rule. Mr.Patil, learned counsel for the respondent nos.1 and 2 waives service. Mr.Patel, learned Additional Government Pleader waives service for the respondent nos.3 to 6. Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting aside the notice dated 2^nd September, 2022 issued under section 51 of the Maharashtra Regional Town Planning Act, 1966 (for short “MRTP Act”) and also for quashing and setting aside the letter dated 19^th September, 2022 annexed at Exhibit “L” and Exhibit “N” to the petition respectively.

3. The petitioner also prays for a writ of certiorari for quashing and setting aside the letter dated 19^th September, 2022 addressed to respondent nos.3 and 5, annexed at Exhibit “O” to the petition.

4. On 23^rd March, 2010, the petitioner entered into an agreement with the respondent nos.1 and 2 to hand over their plot subject to the development rights being given to them. On 24^th December, 2018, the respondent nos.1 and 2 granted permission to the petitioner to develop the said property however on the condition that 496.47 sq, mtrs. of built up commercial area to be given to the respondent nos.1 and 2 as per the Solapur Development Control Regulations (for short “Solapur DCR”).

5. During the period 27^th March, 2019 and 1^st July, 2022, the respondent nos.1 and 2 sanctioned the plans for plots from time to time. It is the case of the petitioner that out of the four wings, three wings are almost completed and the construction of the fourth wing is at the advance stage.

6. On 8^th December, 2020, the petitioner and the respondent nos.1 and 2 executed a registered sale deed whereby 496.47 sq. mtrs. had been handed over by the petitioner to the respondent nos.1 and 2 and the same has been accepted by them.

7. On 2^nd September, 2022, the respondent nos.1 and 2 issued a notice under section 51 of the MRTP Act to the petitioner informing that the plans would be revoked, as the area to be handed over to the respondent nos.1 and 2 as per Solapur DCR was 1635.45 sq. mtrs and not 496.47 sq. mtrs. The petitioner responded to the said notice dated 2^nd September, 2022 by a reply dated 9^th September, 2022 and called upon the respondent nos.1 and 2 to withdraw the said notice.

8. On 19^th September, 2022, the res

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