AONE LAND DEVELOPERS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, a partnership firm titled as Aone Land Developers has invoked the writ jurisdiction of this Court praying for quashing and setting aside of an order dated 5th April 2017 passed by the Urban Development Department of the State of Maharashtra, thereby rejecting the purchase notice served by the petitioner under Section 49 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as 'MRTP Act'). The petitioner has sought a relief of confirming the said Purchase Notice in respect of land bearing Survey No.113 admeasuring 20 Are out of the land admeasuring 43 Are at village Dhayari, Taluka Haveli, District Pune. In the alternative, the petitioner has sought directions to the Respondent No.1 to consider its application under Section 49 of the MRTP Act by issuance of a writ in the nature of mandamus.

(2.) The draft Development Plan under Section 28(4) of the MRTP Act for the extended area of the Pune Municipal Corporation (PMC) was published on 30th November 2005. It was forwarded to the State Government for sanction under the provisions of Section 30 of the MRTP, wherein the area covered by 30 meter vide D.P Road was shown as an area in respect of which the Pune Municipal Corporation being planning authority was designated as the acquiring body. The contention of the petitioner is that he purchased the land admeasuring 40R situate in Survey No.113, Mouza Dhayari, Taluka Haveli, District Pune by a Deed of Conveyance dated 1 st March 2015 from one OmPrakash Madhuram Vyas and Mr.Madhuram Laxman Vyas. This Deed was registered in the office of Joint Registrar (Class-II), Haveli-21 and was falling within the area of Pune Municipal Corporation and the land was classified in residential zone in the development plan as well Final Development Plan. The name of the petitioner was recorded in the 7/12 extract as purchase/Class-I owner. According to the petitioner, the original map of Measurement Register No. 13526/2015 did not independently show the area covered. However, the part plan contain the 30m wide D.P. Road at Dhayari within the municipal limits of Pune Municipal Corporation, reflecting that Survey No.113 is partly affected by the said 30m wide D.P. Road. The petitioner has placed on record the said part plan of the Draft Development Plan. The petitioner who obtained a demarcation certificate from the PMC issued on the basis of measurement carried out by the concerned officers of the Chief Land Surveyors from the office of the Dy. Secretary of Land Records, Haveli submit that in the measurement plan of the measurement register, a portion of the land falling on the western side of the land purchased by the petitioner was covered by a 30m wide D.P Road.

(3.) In the backdrop of the substantial averments contained in the said notice dated 17th November 2016, the Purchase Notice came to be served on the State Government calling upon the State Government to confirm the purchase notice, conscious of the fact that the State Government is likely to reject the said notice on the ground that the land owners can avail FSI/TDR, the petitioner - a noticee made it clear that whether to avail of TDR or not is complete volition of the land owner and he cannot be forced to accept the same. Though not necessary, by way of abundant precaution, the petitioner also forwarded an advance intimation by forwarding the copy of Purchase Notice to the Planning Authority i.e. PMC through its Municipal Commissioner and also to the Director of Town Planning, Maharashtra State, Pune. Attention of the State Government was also invited through the said notice to the provision of sub- section (5) of Section 49 that if the purchase notice is not confirmed within a period of six months from the date on which the purchase notice is served on the State Government, the deeming fiction created under sub-section (5) would come into effect. Attention was also invited to the procedure to be followed on the confirmation of the Purchase Notice as contemplated under sub-section (7) of Section 49 of the Act.