Judgment (Per : Kamal Khata, J) :-

1) This Petition takes an exception to the impugned Order dated 16th August 2024, passed by the Respondent No.1, the Ulhasnagar Municipal Corporation (UMC). By the said impugned Order, the UMC has revoked the development permission granted to the Petitioners on the subject property under the provisions of Section 51 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) and called upon the Petitioners to remove the construction, failing which the Corporation will do the same.

2) Mr. Girish Agrawal, learned Advocate for the Petitioners submitted that, the Petitioners have purchased the subject property being Barrack No.2112, Room Nos. 1 to 4 and additional area Plot No. 345 (Part), bearing CTS No. 27918 to 27922, 27925, 30678, Sheet No. 73 to 74, Ulhasnagar - 5 admeasuring 1004.5 sq. meters from Shri Chanderlal Parsram Jeswani, Shri Jaidev Parsram Jeswani and Smt. Ganga Inderlal Jeswani by executing a duly registered Deed of Conveyance dated 28th May 2019.

2.1) On 25th November, 2019, the Petitioners made an application for development of the subject property under Section 45 of the MRTP Act. A Public Notice was also displayed by the Respondent No.1-Corporation inviting objections of the public at large with a view to ascertain any objection of persons aggrieved by the said development. The Petitioners paid scrutiny fees as per Regulation 2.2 of the Unified Development Control and Promotion Regulations for Maharashtra, for scrutinizing documents, verifying the subject property as well as to ascertain whether the subject property is affected by any reservation or importantly whether the subject property can cause obstruction in the Development Plan of the Town Planning Authority.

2.2) Upon a scrutiny being carried out by the UMC by its letter dated 30th January, 2020, the Petitioners were directed to pay development charges to the tune of Rs 4,79,950/-. The Petitioners deposited the development charges as well as executed a Release Deed relinquishing an area admeasuring 345.52 sq. meters in favour of Respondent No.1-Corporation and registered it on 29th November, 2020. The said area was required for the proposed DP Road as per the Development Plan. On 3rd December, 2020 the Petitioners were granted development permission with a sanctioned plan to construct building up to 7 floors. On 28th January, 2021 the Petitioners applied for Revised building permission. The same procedure was adopted and the Petitioners again deposited Scrutiny Fees for similar verification. The site was visited and measurement was carried out in presence of the Commissioner of the Corporation.

2.3) On 1st October, 2021 a report was prepared by the Junior Engineer Town Planner and Commissioner of Corporation, wherein it was recorded that, the subject property was unaffected by the 24-meter as well as 36-meter DP Road. By a Revised Development Permission dated 2nd November, 2021, the Petitioners were granted permission to construct up to 16 floors. A second Release Deed dated 8th December, 2020 was executed and registered whereby an additional area of 41.16 sq. meters was released since it was required for the DP Road as claimed by the Corporation. The project was registered with the Maharashtra Real Estate Regulatory Authority and a Registration Certificate dated 22nd December 2021 was granted under Section 5 r/w Rule 6(a) of the said Act/Rules. The project was registered by the name ‘Jhalak Paradise’ and was to be completed on or before 31st of December 2025. The Petitioners obtained the Plinth Level Certificate on 9th December, 2022 and presently the building is constructed up to 14 floors.

2.4) Mr. Agrawal, learned Advocate for the Petitioners strenuously contends that, the Corporation issued Stop Work Notice dated 12th September, 2023 at the instance of a complaint made by an Advocate and another politically connected person. He submits that, the Stop Work Notice was issued without afford