Bombay High Court
Nandlal Kesar Sing, Chairman Of ... vs Maharashtra Housing And Area ... on 12 February, 2020
Author: Sarang V. Kotwal
Bench: K.K.Tated, Sarang V. Kotwal
22.10274.14-wp.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
Writ Petition No.10274/2014
Nandlal Kesar Singh,
Chairman of Phenomenal Industries
Ltd. & Anr. ..... Petitioners
Vs.
MHADA & Ors. ..... Respondents
Mr. Shivajirao N. Satpute i/b Satpute & Co.for the
Petitioners
Mr. Kamlesh Ghumre for Respondent Nos.1 and 2.
CORAM: K.K.TATED &
SARANG V. KOTWAL,JJ.
DATED : FEBRUARY 12, 2020 P.C. 1 Heard. By this Writ Petition under Article 226 of the Constitution of India the Petitioner seeks direction against the Respondent to provide FSI on the plot of land bearing Plot CFC admeasuring 5218 sq.mtr. or thereabout bearing Sy.No.29 Plot No.30 New GS No.155/2, 155/3, 156/2 as per the area of the said plot and/or to sanction the plans already submitted to them by the Petitioners.
2 The learned counsel for the Petitioners submits that pursuant to the public advertisement dated 01.03.2007, the Petitioners had submitted his tender for the said plot. He was declared highest bidder. Thereafter he paid sum of Basavraj G. Patil 1/3 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 08/06/2020 23:43:04 ::: 22.10274.14-wp.odt Rs.1,88,93,000/- to the Respondent in three equal installments between 14.05.2007 and 16.07.2007. He submits that thereafter the Respondent again called upon the Petitioner to pay sum of Rs.29,23,500/- towards increase in the price of the said plot of land, that was already paid by the Petitioner. Thereafter the Respondent executed Indenture of Lease dated 22.02.2008 in favour of the Petitioner. Thereafter when the Petitioner had submitted his plans for construction of a mall on the said plot, the Petitioner received letter dated 16.01.2009 from the Executive Engineer, Zilla Parishad, Thane stating that the entire FSI was already utilized by the MHADA and therefore, there is no question of sanctioning the plan.
3 During the course of arguments, the learned counsel for the Respondents submits that they have already filed Affidavit-in-Reply dated 05.07.2019. He submits that there is no dispute that the entire FSI had already been used by the MHADA. Hence, they submitted their proposal to Respondent No.3 for approval of additional FSI as per the new Development Control Regulations. In support of this contention, he relies on para 9 and 10 of the said Affidavit- in-Reply, which read thus:
"9. I say that subsequently in order to get the FSI for CFC plot; a fresh proposal for revised layout was prepared and after obtaining necessary approval of higher authority of Mhada, on 03.10.2011, a revised layout of Boisar Tarapur was forwarded to the Chief Executive Officer of Respondent No.3 for approval. I further say that by its letter dated 02.12.2011 the officer of Respondent Nos.1 and 2 had again submitted Basavraj G. Patil 2/3 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 08/06/2020 23:43:04 ::: 22.10274.14-wp.odt a request for getting approval on the revised layout; however, no action was taken by the Respondent No.3 to approve the same."
"10. I say that on 06.01.2018, a Regional Plan of Thane-Raigad-Palghar was sanctioned by the State Government wherein it is mentioned that the Development Control Regulations published for A-B-C Class Municipal Councils would be applicable to housing schemes of MHADA. Therefore, the said layout area is included in the Regional Plan of Thane- Raigad-Palghar. I further say that as per Clause 24.4 of DCR dated 21.11.2013, 2.5 FSI is permissible to the MHADA land............................."
4 Bare reading of the Affidavit-in-Reply filed by the Respondents shows that before giving public advertisement, the MHADA had utilized the entire FSI.
5 Hence, the advocate for the Respondents is directed to inform the concerned Chief Officer to remain present in court tomorrow i.e. 13.02.2020 and explain on what basis they issued the tender, when the entire FSI was utilized by the MHADA.
S.O. to 13.02.2020.
(SARANG V. KOTWAL, J.) (K.K.TATED, J.) Basavraj G. Patil 3/3 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 08/06/2020 23:43:04 :::