JHALAK CONSTRUCTIONS Vs. ULHASNAGAR MUNICIPAL CORPORATION

JUDGEMENT

(1.) This Petition takes an exception to the impugned Order dated 16 th August 2024, passed by the Respondent No.1, the Ulhasnagar Municipal Corporation (UMC). By the said impugned Order, the UMC has revoked the development permission granted to the Petitioners on the subject property under the provisions of Sec. 51 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act) and called upon the Petitioners to remove the construction, failing which the Corporation will do the same.

(2.) Mr. Girish Agrawal, learned Advocate for the Petitioners submitted that, the Petitioners have purchased the subject property being Barrack No.2112, Room Nos. 1 to 4 and additional area Plot No. 345 (Part), bearing CTS No. 27918 to 27922, 27925, 30678, Sheet No. 73 to 74, Ulhasnagar - 5 admeasuring 1004.5 sq. meters from Shri Chanderlal Parsram Jeswani, Shri Jaidev Parsram Jeswani and Smt. Ganga Inderlal Jeswani by executing a duly registered Deed of Conveyance dtd. 28/5/2019.

(3.) Per Contra, Mr. Vijay Patil, learned Senior Advocate appearing for Respondent Nos.1 and 2 submitted that, Mr. Lalit Khobragade, the Assistant Director, Town Planning, Ulhasnagar Municipal Corporation has filed an Affidavit dtd. 21/11/2024. He invited our attention to paragraph 6 of the Affidavit which categorically states that, the Municipal Commissioner Shri Aziz Shaikh had taken note of the misconduct on the part of Shri Mule, who was responsible for granting permission to the Petitioners and relieved him from the post of the Town Planner by an Order dtd. 9/5/2024. The said decision was taken after the subject plot was inspected and a plan was prepared by super imposing the sanction development plan with the subject plot and the DP Roads at the actual site. This exercise revealed that, 80% of the subject plot was affected by the proposed DP Roads. Consequently, Mr. Mule could not have granted the permissions to the Petitioners.