MUMBAI: In a relief to more than 400 families and an English medium school in Kalyan, the Bombay high court on Tuesday stayed an order issued by the Kalyan Dombivli Municipal Corporation (KDMC) commissioner for cancellation of development permission granted way back in 2002 for a large residential complex.
The HC bench of Justices SS Kemkar and MS Karnik was hearing an urgent petition moved by Mahadev Homes, which challenged the civic chief’s order as being “illegal, arbitrary and unjust”. Harshad Bhadbhade, counsel for the developer, also argued that the KDMC chief had passed the order without granting any opportunity for a proper hearing of his client.
The KDMC had acted on a complaint made by a Right To Information activist that the builders, Landmark Constructions had obtained permission in 1995 in collusion with the land owner KJ Rajkotwala in violation of Urban Land Ceiling Act by claiming more land than entitled.
Landmark Constructions, represented by senior counsel Rajiv Patil, said all the alleged legal heirs of the original landowner had been allotted flats in the complex under the agreement of 1995. He said that the complaints of alleged collusion were being made only after the death in 2012 of Rajkotwala.
Bhadbade also submitted that the HC itself had earlier in 2013 passed an order rejecting a plea made by one of the legal heirs claiming rights over the land since it was made at a belated stage after Rajkotwala’s death. The claim of being a legal heir is still pending final decision in a civil court in Kalyan. Bhadbhade questioned whether the KDMC had placed the 2013 HC order before a former HC judge whose opinion it relied on while cancelling the development permission.
Credits ET Realty