BHASKAR DHONDU PRABHULKAR Vs. CHIEF OFFICER

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, the Petitioners seek to set aside the conversion of use of 'amenity plots' to 'residential cum commercial' permitted by the Konkan Housing and Area Development Board ('KHADB"-Respondent No.1 herein) in a Housing Project at Ratnagiri.

(2.) In October, 2005, the KHADB proposed development of a residential project in Ratnagiri called 'Ratnagiri-Kuwarbav' and advertised for sale of plots for Bungalows, Row-houses and Residential Complex. The three Petitioners herein are residential plot-purchasers in this project. In 2009, the plot-purchasers formed a co-operative society in the name of Sankalppurti Co-operative Housing Society, ('Society') which now consists of 115 members.

(3.) Mr. Raut, learned counsel representing the Petitioners, argued that Respondent No. 8, the treasurer of Society, had purchased the two amenity plots and constructed commercial cum residential units despite being aware that the two plots were reserved for amenities. Furthermore, he criticized the inaction of the relevant Authorities, who permitted change of land use despite repeated complaints by the Petitioners. He contended that Respondent No. 8 having purchased the two amenity plots from KHADB through the tender process, which was notably for construction of amenities, ought not to have been permitted to change the land use to construct commercial cum residential premises instead of amenities such as Hospital, Police Station, Medical Center, Post-office which are significantly lacking in this project area and are critical for the community.