Kashish Park Realty Pvt. Ltd. And Anr vs The State Of Maharashtra And Ors on 11 December, 2020
7 True it is that in Kashish Park Realty Pvt. Ltd (supra), Single Judge
of this Court has taken a view that the Competent Authority is not vested
with jurisdiction to entertain the application for review. In that case, this
Court arrived at the conclusion that corrigendum issued by the
Competent Authority materially and substantially varied the earlier
order. It also appears that while issuing the corrigendum, the affected
parties were not heard by the Competent Authority. It is in the light of
these peculiar facts that this Court held that issuance of corrigendum was
arbitrary exercise of power without jurisdiction. In the present case
exercise of power to issue corrigendum far from being arbitrary exercise
of power, actually subserves the objective behind the Government
Resolution dated 22 June 2018. It is also required to be borne in my mind
that the Petitioner is divested of title and possession of the entire plot of
land in respect of which the layout is sanctioned. The development in the
layout is complete wherein 7 buildings are constructed and 7 Co-
operative Housing Societies are formed. There is no dispute interse
between the 7 Co-operative Societies. In fact it appears that the other Co-
operative Societies have also filed applications claiming proportionate
share in the internal road and recreational ground. In that view of the
matter it is difficult to comprehend as to how the rights of the Petitioner
are affected if all 7 Societies share the internal road and
katkam 5/7
::: Uploaded on - 25/01/2024 ::: Downloaded on - 17/02/2024 19:23:32 :::
k 6/7 38 wpl 8893.23 os.doc
recreational ground in proportionate to the areas of their respective
plots. I am therefore of the view that the action of the Competent
Authority in issuing the corrigendum, far from being arbitrary, actually
brings the original order dated 2 July 2014 in tune with the GR dated 22
June 2018.