SHRIDHAR C SHETTY Vs. ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY HOUSING AND SPECIAL ASSISTANCE DEPARTMENT

JUDGEMENT

(1.) Vide order dated 15th October, 2005, the Addition Collector and Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 [hereinafter, for short, referred to as "the Act"], Bombay, requested the Collector, Bombay Suburban District, to recover a sum of Rs.51,97,196/-plus interest, penalty and recovery expenses as land revenue from the persons in respect of 7 tenements admeasuring 269.76 square metres each and also provided the complete details thereof. In the said order, it was stated that the developer had constructed the building on C.T.S. Nos. 261 (Part) and 245 (Part), Mauje, Taluka Borivali. He was to hand over the possession of 7 tenements to the Government nominees, but without adhering to the same, the developer sold the flats in open market. Complaint bearing No. 111 of 2005 was filed with the Senior Inspector of Police of the concerned police station on 23rd June, 2005. Vide order dated 30th April, 2005, the developer and owner, both, were asked to deposit the said amount; but they failed to do so, resulting in issuance of the above order dated 15th October, 2005.

(2.) Aggrieved therefrom, the petitioner filed an appeal before the Additional Commissioner, Konkan Division, on 28th October, 2005. In that appeal, an ad- interim relief was granted on 12th January, 2006, but after the matter was heard at length, the appeal was dismissed by the Appellate Authority vide its order dated 12th July, 2006. After receiving the copy of the said order, the petitioner has filed the present Writ Petition, challenging the said order on the grounds that the Appellate Authority failed to appreciate the effect of the No Objection Certificate granted by the Secretary, Housing Department, on 8th June, 1993; and also that respondent Nos. 1 and 2 were directly interacting with each other in relation to all the matters with regard to the property in question since 1992; and thus, in any case, no liability should be passed on the petitioner.

(3.) The petitioner is the sole proprietor of M/s. Jaipali Builders, which was originally a partnership concern, and respondent Nos. 2 to 4 were the partners of the firm titled "National Builders". On 2nd April, 1984, they had executed an Agreement for purchase of the property in question from the original owners, Bhaskar Bhoir and Waman Bhoir. The original owners executed a Power of Attorney in favour of the petitioner on 15th January, 1985 for development of the said property. The Scheme under the Act was passed on 2nd March, 1988 in respect of development of 40000 square feet. Disputes arose between the partners in the partnership concern, and development was stayed. The petitioner, on 28th August, 1988, had signed the Agreement for developing the property in favour of National Builders. However, National Builders took over the liability to continue the U.L.C. Scheme and comply with the terms and conditions under the Scheme in respect of the said property. National Builders executed 84 Flat Purchase Agreements with various flat purchasers through respondent No. 2. There was litigation between the petitioner and respondent Nos. 2 and 3 in the present writ petition for allotment of flats to them. In October, 1991, respondent No. 2 had filed an affidavit in the High Court in Appeal from Order No. 925 of 1991, stating that respondent No. 2 had taken over the entire project. Respondent No. 2 requested the official respondent for issuance of corrigendum for reduction of number of flats to Government-nominees, which was not acceded to; and the said respondent had given only 7 flats to the Government-nominees. The official respondent, thereafter, issued letter for compliance of the allotment of flats to Government-nominees in relation to the remaining 7 flats and the letter was also addressed to National Builders; but of no consequence resulting in issuance of the impugned order by the authorities, as well as the order rejecting the appeal preferred by the petitioner.