G.K. DEVELOPERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith by consent of the parties.

(2.) By the present writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the impugned Judgment and Order dtd. 28/11/2024 passed by respondent No.2 in Revision Application No.580 of 2023, whereby the authority has affirmed the order granting unilateral deemed conveyance in favour of respondent No.3.

(3.) The facts giving rise to the present writ petition, in brief, are as follows. The petitioners entered into a Joint Development Agreement with the land owner in the year 2005, which was registered as Document No.7930 of 2005 (Haveli No.V). Along with the said agreement, a registered Power of Attorney bearing No.7931 of 2005 (Haveli No.V) dtd. 31/10/2005 was also executed in favour of the petitioners. The development pertained to land admeasuring 00 Hectares 22 R from Survey No.161/2, including an area of 240.87 square meters reserved for road, situated at Village Pimple Saudagar, Taluka Haveli, District Pune. It is the case of the petitioners that all necessary permissions for development were obtained from the Pimpri Chinchwad Municipal Corporation. The municipal authority issued Commencement Certificate No. B.P./Pimple Saudagar/41/2009 dtd. 25/9/2009. Prior thereto, the Collector, Pune had granted Non- Agricultural permission by order dtd. 2/3/2009 bearing NA Order No. PMH/NA/SR/721/2008. On the basis of these permissions, the petitioners developed the land in accordance with the sanctioned plan issued by the Pimpri Chinchwad Municipal Corporation. Upon completion of construction, the petitioners received Completion Certificate No.161 of 2010 dtd. 31/12/2010.