DILIPSINGH NARAYANRAO BORAWAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Just to the south of Koregaon Park in Pune lies the area known as Ghorpadi. Although within Municipal Corporation limits, the lands in Ghorpadi were originally in the agricultural zone. The Petitioner owns land of about 5H 11 R and 3H 3.356R, respectively bearing new Survey Nos. 62/1 and 63/1.

(2.) On 27th June 2000, the Maharashtra Government through the Secretary, Urban Development issued a notification declaring its decision to include certain lands, including the lands in Ghorpadi, all of which were then zoned as agricultural, in the residential zone. This inclusion was conditional. It is this notification of 27th June 2000, and more particularly Condition 3 of that notification that is impugned in this Writ Petition under Article 226 of the Constitution of India. The writ petition was filed in 2012, twelve years after the notification of 2000. A copy of the notification is annexed as Exhibit "A" from pages 16 to 20 of the Petition. Condition 3 says (this is our translation from the Marathi original) that if any portion of this land in the notification of two hectares or more is proposed to be developed, 10% of the land would have to be surrendered to the 2nd Respondent, the Pune Municipal Corporation, as amenity space without compensation in cash, but the owner so surrendering the amenity space land would be entitled to claim FSI benefit. Plainly read, the condition does not mandate a compulsory surrender of the land delinked from a proposed development, nor does it eliminate all forms of compensation. It specifically mandates such a surrender, and of a defined percentage, only if development is proposed, and it is bundled with an entitlement to claim FSI benefits against and in lieu of such a surrender.

(3.) The Petitioner says that he decided to amalgamate new Survey No. 62/1 and Survey No. 63/1. He submitted an amalgamation plan to the 2nd Respondent-Corporation. He obtained sanction on 26th March 2007. After amalgamation, the combined land was subdivided into 10 plots. In this layout the plot marked as Plot No.10 was specifically earmarked for this 10% amenity space.