Mansarovar Co-op. Hsg. Scty. Ltd & Anr. v. State of Maharashtra & Ors.

Mr. Bapat, Senior Advocate with Avinash Fatangare, for Petitioners. Mr. M. P. Thakur, AGP for the State. Mr. A. S. Rao, for Respondent Nos.2 and 3. PRASHANT VILAS RANE Digitally signed by PRASHANT VILAS RANE 17:03:08 +0530 P.C.

__________ CORAM: DATE: G. S. KULKARNI & AARTI SATHE, JJ. 27 JULY 2026. We have heard learned Counsel for the parties. This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs:-

a. That this Hon’ble Court be pleased to issue a writ, order, direction or a writ in the nature of Certiorari or any other appropriate writ calling for entire record and proceedings in respect of the letter/communication dated 25/11/2025 issued by Respondent No.2 and after going through its legality, validity and propriety be pleased to quash and set aside the same. b. That this Hon’ble Court be pleased to issue a writ order, direction or a writ in the nature of Mandamus or any other appropriate writ directing the Respondent No.3 to grant Occupation Certificate to the building constructed by the Petitioner No.2 on area admeasuring 3878 sq.mtrs. Situated at Gat No. 61 Part, City Survey No. 9278, Village Morivali, Ambernath.

On the earlier occasion on 8 July 2026 we have heard the parties and the following order is passed: “1. We are not impressed with what has been stated in paragraph 14 of the reply affidavit filed on behalf of respondent Nos.1 and 2 / State of Shri. Akash Sureshrao Garud, Assistant Town Planner, Office of District Collector and Competent Authority, inasmuch as the redevelopment/ construction, has P. V. Rane 27 July 2026

18.DOC already been undertaken after the plans were approved by the Municipal Corporation. It cannot be that, after all this, any construction permission approval afresh is to be obtained from the State Government. We do not find that this will be supported by any norms, even considering the repeal of the Urban Land (Ceiling and Regulation) Repeal Act, 1999, and the Section 20 scheme.

2. Be that as it may, in paragraph 15 of the affidavit in reply filed on behalf of the State Government, the following averments are made:

15. In the present case, although, it was mandatory for Manasaroovar Co-operative Housing Society to submit an application to the Collector and Competent Authority (ULC), Thane for the redevelopment of the society, the said Manasaroovar Co-operative Housing Society was not submitted the application to the Collector and Competent Authority (ULC), Thane. By doing so, they have caused a loss of Government revenue equivalent to the amount calculated at the rate of 2.5% of the prevailing Annual Statement of Rates, as prescribed under the Government Resolution dated 01/08/2019.

3. On such contentions of the State Government Mr. Kiran Bapat, learned Senior Advocate for the petitioners states that the petitioners are ready and willing to deposit the amount at the rate of 2.5% of the prevailing annual statement rates, as prescribed under the Government Resolution dated 1 August 2019. Thus, once such amount is paid, in that event the State Government cannot have any objection for the Municipal Corporation to grant Occupation Certificate to the petitioners. Accordingly, let such amount be deposited by the petitioners with the State Government Treasury within one week from today.

The State Treasury now shall accept the challan/deposit of the petition.

Ordered accordingly.

List the proceedings on 20 July 2026 (HOB).”

4. We are informed that, in pursuance of the aforesaid order, an amount of Rs.9,53,988/- has been deposited by the petitioner with the Government Treasury. A copy of the challan is taken on record and marked “X” for identification.

5. In this view of the matter, in our opinion, there ought not to be any impediment, in the context of any proceedings under the Urban Land (Ceiling and Regulation) Act, 1976, for the Municipal Corporation not to proceed to grant an occupation certificate, if the petitioner has complied with all the other conditions for grant of an O.C. as required in law. P. V. Rane 27 July 2026

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6. Let appropriate steps be taken in this regard within a period of two weeks from today and the Occupation Certificate be issued, if all other compliances have been made by the petitioner.

Needless to observe that, in view of the payment of the aforesaid amount by the petitioner, the revenue record shall be corrected so as to delete the reference to the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 and the name of the petitioner is now required to be entered in the revenue record. This more particularly, as now there is quietus to the ULC issue as also considering that the Urban Land (Ceiling and Regulation) Act, 1976 itself stood repealed in the year 1999.