RAJA BAHADUR MOTILAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the sanction granted by the Pune Municipal Corporation to certain development plans submitted by respondent No. 7.

(2.) THE petitioner is a textile mill which was declared as SICK unit by the Board for Industrial and Financial Reconstruction and steps were taken for rehabilitation and revival of the unit. The company i. e. the petitioner owned certain properties bearing Final Plot Nos. 100 and 101 of T. P. Scheme (Final) Sangamwadi, Pune in all measuring 1. 02 lakh sq. mtrs. (approximately) situated at Kennedy Road, Pune city within the limits of Pune Municipal Corporation. Therefore in July 1996 the Board directed the petitioner company to undertake development of surplus assets as part of the rehabilitation scheme so that the company can be brought out of the debts to be paid to some extent. Permission therefore was granted to develop upto the extent of 2 lakhs of sq. fts. of the land from out of the above said plots. This rehabilitation scheme was sanctioned by the Board on 18-3-1997. The development was allowed to be undertaken along with the respondent No. 7 as co-developer or co-promoter. On 29-4-1997 an agreement was entered into between the petitioner and the respondent No. 7 to carry out jointly the development activity of the 2,00,000 sq. fts. as ear marked from out of the plot mentioned above.

(3.) THE development activity continued and thereafter the respondent No. 7 made an application for permission to construct and develop on the said construction by utilizing or consuming Transferable Development Rights (TDR) of 1. 6 lakhs sq. fts. acquired by respondent No. 7. This grant of permission to respondent No. 7 is impugned in this petition by the petitioner.