MEHERBAI KARI KHANDALAWALA Vs. COMPETENT AUTHORITY UNDER THE URBAN LAND CEILING AND REGULATION ACT 1976

JUDGEMENT

(1.) By this petition, the petitioners are challenging the scheme sanctioned under section 21(1) of the Urban Land (Ceiling & Regulation) Act, 1976 and the action of Respondents Nos. 1 to 6 in granting permission to construct on Plot Nos. 7, 8, 9, 15, 16, 22, 28, 50, 51, 84, 85 and 114 in Koregaon Park Area, Pune, on the grounds set out hereinafter.

(2.) The facts briefly stated are that the petitioners are all residents and owners of house properties situated in Koregaon Park, Pune. The petitioners are also active members of an Association known as Koregaon Park Residents Association.

(3.) It would seem that in or about 1920, Koregaon Park area was formed as a model colony with an area of approximately 208.7 hectares divided into 122 plots. The plots were given out to various parties on leases in perpetuity. All the leases are identical. Clauses 6 and 8 of the Lease Deeds provide as follows: