RAJ REALTORS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Respondents waive service. By consent, heard finally. Factual Background:

(2.) This Petition seeks a declaration that the refusal to issue an Occupation Certificate ( "OC") by the Tahsildar, Alibag, (Respondent No. 4), in respect of ten buildings constructed by the Petitioner pursuant to development permissions granted by the Collector (Respondent No. 2), is illegal, and also seeks a direction that the OC be issued to the Petitioner.

(3.) The Petitioner is a partnership firm, which has constructed ten buildings pursuant to development permissions and commencement certificates issued from time to time in respect of land admeasuring 7 Hectares, 90.2 Ares, situated at Mouje Pashane, Taluka Karjat, District Raigad, bearing Survey Nos.8/2A/1, 8/2A/2, 8/3A/1, 9/1A, 10/5, 10/7, 11/1A/2, 11/1A/3, 168/2B/3C, 168/3D and 170/1 ("Subject Land"). The buildings contain seven storeys above the ground floor, and comprise 446 residential units and 20 commercial units under the project name Tulsi Vivaan on the Subject Land.