NARGIS JAL HARADHVALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against judgment and order dated 16.8.2007 of the High Court of Judicature at Bombay whereby Division Bench of the High Court dismissed the writ petition preferred by the appellant challenging orders issued by the respondents.

(2.) The factual matrix of the case is that the appellant applied for an exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (in short, 'the Act') in respect of land bearing CTS No.1310 of village Versova in Andheri Taluka of Mumbai Suburban District, measuring 5892.5 sq.mt. (in short, "suit property"), out of which exemption in respect of 3491.5 sq.mt. was granted by Respondent No.1 in August, 1987. The balance 2401 sq.mt. did not need exemption being reserved for road and garden and was duly handed over to the Municipal Corporation by the appellant. 500 sq.mt. was "retainable land" that the landowner is entitled to retain. Exemption order tentatively specified 30% of the permissible floor space of the exempted land to be sold to Government Nominees. It was clarified that the percentage will be prescribed by the Government as per the extent of the land to be exempted.

(3.) On 31.1.1990, this Court in the case of Shantistar Builders vs. N.K. Toitame, 1990 1 SCC 520, dealing with the issue of constructions over exempted lands covered under Section 20 of the Act laid down that the number of the government nominees should not exceed 5% of the total accommodation available in any scheme. The case of the appellant is that after the aforesaid decision, on 23.11.1990, by a subsequent corrigendum, Respondent No.1 amended the area to be surrendered to the Government nominees and finally prescribed it as 20% of the floor space of the first 2000 sq.mt. of the net permissible F.S.I. of the land exempted and 30% of the balance sq.mt. permissible.