PRAMOD GANPATRAO PINGE Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) The question involved in this case is of the competency of the Nagpur Improvement Trust (in short NIT) to pass Resolution No. 8/1003, dated 02.04.2003 proposing to recover additional charges of development at the rate of Rs.16/ per sq. feet from the first transferee of the land/open plot which was already regularized under the provisions of the Maharashtra Gunthewari (Development, Regulation, Upgradation and Control) Act, 2001 (in short "Gunthewri Act") upon payment of development charges by the plot holder, the transferee.

(2.) One Wahida Begam purchased Plot No. 105, Khasra No. 28/29, MouzaBorgaon, Tq. And Distt. Nagpur, admeasuring 1050 sq. feet by registered sale deed dated 30.09.1992 from the Cooperative Housing Society. About 1900 unauthorized layouts were regularized along with the constructions thereon in accordance with the provisions of the Gunthewari Act and the Board Resolution No. 15, dated 27.01.2001 and B.R. No. 10/977, dated 28.05.2001 and B.R.No. 8/1003, dated 02.04.2003. A notice of demand dated 20.11.2003 was issued to said Wahida Begam and she was required to pay the development charges at the rate of Rs.16/ per sq.feet for the open land and at the rate of Rs.6/ per sq.feet for the constructed area. It is not in dispute that this demand was satisfied by Wahida Begam and accordingly, an order of regularization was passed on 06.01.2004.

(3.) The petitioner purchased the plot in question from Wahida Begam by registered sale deed dated 17.12.2003 i.e. before the order of regularization dated 06.01.2004 was passed by the NIT. The NIT issued notice of demand which is at Annexure1 to the petition, calling upon the petitioner, the transferee of the land, to pay additional regularization charges for sale of the property at the rate of Rs.16/ per sq. feet, being total amount of Rs.16,838/. The stand of the NIT is that, in terms of clause (6) under the notice of demand dated 21.11.2003 issued to the erstwhile owner and the Board Resolution No. 8/1003, dated 02.04.2002, the demand notice at Annexure1 was issued to the petitioner and this is the subject matter of challenge in this writ petition.