NITIN SHANKAR DESHPANDE Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) In this petition, purporting to be public interest litigation, the petitioner claiming to be a public spirited citizen has challenged the allotment of plots admeasuring 1400 sq. mts. and 1500 sq. mts. by the State of Maharashtra to two cooperative housing societiesrespondent Nos. 3 and 4 respectively. The petitioner has also prayed for demolition of the existing structures constructed by the above respondents and has prayed for a direction to the State of Maharashtra to restore the original reservation granted in respect of the above plots. The petitioner has also prayed for a direction to the State of Maharashtra to take action against the State Government officers who had changed the reservation.

(2.) Before setting out the grounds of challenge, it is necessary to note that the allotment of land admeasuring 1400 sq. ms. was made in favour of respondent No. 3 Nyaysagar Co operative Housing Society Ltd. (hereinafter referred to as "the Nyaysagar Society") on 22 June 2004. Construction of the building having 16 flats commenced in April 2006. Construction was completed in December 2008 and the occupancy certificate was issued by the Municipal Corporation for Greater Mumbai on 30 March 2009. The present petition was, however, filed on 3 March 2011. The petitioner has not offered any explanation for the delay except stating that there is no delay in filing the PIL as the petitioner had made representation on 29 December 2010 to the Chief Minister, State of Maharashtra.

(3.) Similarly, respondent No. 4 Siddhant Cooperative Housing Society Ltd. (hereinafter referred to as "the Siddhant Society") was allotted land admeasuring 1500 sq. ms. on 30 October 2007. Possession of the plot was handed over to respondent No. 4 on 15 February 2008. Construction of the compound wall was carried out immediately thereafter. IOD for construction of the building was issued by the Municipal Corporation on 7 October 2008 and the construction of 11 flats commenced in January 2009 and has thereafter been completed.