MERIT MAGNUM CONSTRUCTION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On 26/4/2023, we passed the following order:

(2.) The fact that the Petition relates to plot nos. 302 to 304 and 314 to 316 cannot be disputed. It is also clear from the previous order that all that was required was the finalization and certification of the Annexure II, i.e., the certification list for those entitled to rehabilitation. Mr Chinoy, learned Senior Counsel for the Petitioners, had made it clear and there was no discussion or even any submission made in respect of the free sale units.

(3.) The approach of the MCGM inspires no confidence. There are two components to the project. There is the rehab component and there is the free sale component. The extent of the free sale component is necessarily dependent on the certification of the rehab component. But the MCGM insists on pursuing its demand for a premium although this premium attaches only to and is in respect of the free sale component. Yet, in pursuit of this lease premium, a monetary gain that cannot possibly be the primary objective of any planning authority, the MCGM has failed to complete the Annexure II certification process.