PRASHANT S. SAWANT Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India to challenge the actions of respondents no.1 and 2. The petitioners contend that respondents No.1 and 2 have approved the plan and layout of redevelopment and granted permission for development and the commencement certificate thereafter in contravention of the provisions of the Maharashtra Regional Town Planning Act (for short 'MRTP Act') and Regulations under the Unified Development Control and Promotion Regulations, 2020 (for short 'UDCPR 2020').

(2.) It is the case of the petitioners that respondent no.3/Society originally had 452 members who were living in buildings no.1 to 13 standing on the land bearing CTS Nos.2459, 2460, 2461, 2546, 2547, 2490, 2491 and 2492 admeasuring 17,196 sq. mtrs., situated at old Mumbai, Puna road, Kalwa, Thane. The Deputy Registrar, Cooperative Societies Thane passed an order on 13/7/2018 under Sec. 17 of the Maharashtra Cooperative Societies Act 1960 (for short MCS Act) r/w Rule 16 of the Maharashtra State Cooperative Societies Rules (for short 'MCS Rules') separating building no.3 from respondent no.3/ Society and dividing the larger land into (i) land bearing CTS No.2546, 2490, 2491 and 2492 admeasuring 2511.27 sq. mtrs. together with building no.3 and other structures on it. ii) After this order, respondent no.3/Society had 384 members out of a total of 452 members excluding 68 members who were occupants of building no.3 on the said land.

(3.) Thereafter, before the demarcation of the boundaries of respondent no.3/Society's land and the said (proposed) earmarked Neo Land as per the said order dtd. 13/7/2018 and updating/recording of entries to that effect in the revenue records, respondent no.3/Society executed a development agreement and registered it with the office of Sub-Registrar of Assurances at Thane on 3/11/2021. Many members, including petitioners, objected to the execution of said development agreement for various reasons. The development agreement authorises respondent no.4/Developer to redevelop respondent no.3/Society's land as per the terms and conditions set out therein. Accordingly, Respondent no.4/Developer has proposed and agreed to give and allot free of cost and on an ownership basis, each member of respondent no.3/Society, a residential flat measuring 421 sq. mtrs. i.e. 39.11 sq. mtrs. carpet area in the proposed new building.