INDIAN LAW SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The prayer in this writ petition is to issue an Occupation Certificate in respect of two buildings, namely, Building 'A' being New Girls Hostel and Building 'B' being Arbitration Centre. Both these are set up by the petitioner on their own Final Plot Nos. 97 and 98 and the grievance is that in view of the communication, copy of which is at Exhibit 'D' to the petition, the Occupation Certificate is withheld. Exhibit 'D' says that as on 27th June, 2019, the petitioner would be entitled to issuance of an Occupation Certificate provided the petitioner complies with the terms and conditions of this communication.

(2.) The argument of Mr.Jahagirdar learned senior counsel appearing for the petitioner is that there is no question of linking the condition imposed on the petitioner while issuing a Commencement Certificate with that of the grant of the Occupation Certificate. That condition, if is required to be enforced, can still be enforced irrespective of the grant of Occupation Certificate. However, there is no obligation to handover any portion of the land or property of the petitioner free of cost for laying of a Development Plan Road (DP Road). If that obligation has to be fulfilled by the Pune Municipal Corporation, it must take recourse to law.

(3.) It is true that there is an affidavit filed and in that affidavit, the Pune Municipal Corporation is expressly establishing a link between the condition imposed while developing the property or granting development permission and after that construction is complete, for grant or issuance of Occupation Certificate. It is claimed that the Pune Municipal Corporation has started construction of a 30 meters DP Road at Survey No.44, but has completed the stretch of 30 meters and for that purpose, Bhandarkar Institute has already given the possession of its land admeasuring 4784 square meters. At other place in this affidavit, it is stated that the land in question is a Government land and granted under a Sanad dated 4th June, 1949. The petitioner society is liable to handover possession of the land required for construction of 30 meter link road to the Pune Municipal Corporation, for which the Government would pay such compensation as provided under the Sanad dated 4th June, 1949 to the petitioner society.