NARGIS JAL HARADHVALA Vs. STATE OF MAHARASHTRA & ORS.


Case is made by the apellant  who applied for an exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976  in respect of land bearing CTS No.1310 of village Versova in Andheri Taluka of Mumbai Suburban District, measuring 5892.5 sq.mt. (suit property), out of which exemption in respect of 3491.5 sq.mt. was granted by Respondent No.1 in August, 1987. The balance 2401 sq.mt. did not need exemption being reserved for road and garden and was duly handed over to the Municipal Corporation by the appellant. 500 sq.mt. was “retainable land” that the landowner is entitled to retain. Exemption order tentatively specified 30% of the permissible floor space of the exempted land to be sold to Government Nominees.  As per section 20 the government nominees should not exceed 5% of the total  accommodation available in any scheme.  By subsequent decision respondent 1 the area to be surrendered to the Government nominees and finally prescribed it as 20% of the floor space of the first 2000 sq.mt. of the net permissible F.S.I. of the land exempted and 30% of the balance sq.mt. permissible. Also, apellant initially  offered 26 flats reminders in the years 1990 and 1991, but the respondent neither took up the flats offered nor did they respond in any way to appellant's letter. In May 1999,respondent took up only 4 of the 7 flats offered by the appellant. Upon being asked by the appellant for the issuance of the certificate to the effect that required number of flats have been surrendered to the Government, Respondent no.3 asked the appellant to hand over 21 flats in addition to the 7 flats already offered.As a result appellant to sell eleven more flats to the allottees, who shall be nominated by the Government and belong to weaker society,Also, direct appellant to sell flats within four months from today.

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