KOMALSINGH SONUSINGH PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The Petitioners seeks writ of mandamus for direction to the Respondents to reserve only 5% tenements for allotment to the Government nominees in Scheme No. 248 of the Petitioners and further declaration quashing the reservation for Government nominees over and above 5%, in view of the decision of the Apex Court delivered in the matter of M/s. Shantistar Builders vs. Narayan Khimalal Totame and others reported in AIR 1990 Supreme Court 630.

(3.) The Petitioner No.1 was the owner of the properties bearing various survey numbers situate at Lohegaon, Haveli, Pune. On return being filed under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as "the said Act") in respect of the properties held by him, he was declared to be the excess holder under Section 8(4) of the said Act in respect of 2390.12 sq. metres of land. In accordance with the Government Resolution dated 27.8.1986 the Petitioner No.1 applied for exemption of the said property from the provisions of the said Act and for permission to construct tenements, which was granted while sanctioning Scheme bearing No. 248, whereby the Petitioner No.1 was permitted to construct 50 tenements of 29.96 sq. meters and 20 tenements of 43.30 sq. meters, out of which 10% tenements were required to be reserved for Government nominees in terms of the said Scheme drawn under Sections 20 and 21 thereof. Accordingly, the agreement was entered into by the Petitioner No.1 with the developer in the year 1958 and the project was completed sometime in the year 1992-1994. On completion of the Project, the Petitioner No.1 called upon the Government to furnish details of the nominees to whom the flats were to be allotted so that the Petitioner No.1 could enter into the necessary agreement with them, simultaneously the Petitioner No.1 requested for reduction of the reservation to 5% from 10% in view of the decision of Apex Court in M/s. Shantistar's case (supra). Since the said request was not considered, petitioners filed the present petition.