FACTS IN BRIEF:- This Writ Petition was filed under Article 226 of the Constitution before the Bombay High Court challenging the permission granted to certain builders to escalate the rates in respect of construction permitted on exempted land under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976. The State of Maharashtra was considering the formulation of certain guidelines in respect of constructions over exempted lands covered under Sec. 20 of the Act. Under the scheme of the Act, urban agglomerations were divided into four classes and a ceiling was prescribed for each classification. The vacant land in excess of the ceiling under the provisions of Sec. 10 of the Act vested in the State by way of acquisition and the vacant sites thus acquired by the State were intended to be utilized for purposes of housing and Secs. 23 and 24 of the Act provide for disposal of vacant land. The Act, therefore, purported to take away the excess land from the holders thereof and to utilize the same for purposes of housing and other public purposes.
JUDGMENT:- Considering the gravity of the situation at hand and the alleged malafide, t he Court directed that the genuineness of the claims to be scrutinized by an efficient judicial officer not below the rank of an Additional District Judge in respect of the schemes in every agglomeration undertaken and even those which the State Government may undertake in future. The Court observed that in the event of the claims being found tenable, the builders shall have a direction to provide accommodation in terms of the scheme for those who are found to be acceptable. Further, in order to ensure implementation of the said direction the builders were called upon not to make any commitment or allotments for flats until the claims of the 1420 applicants were scrutinized and allotment of accommodation for such number of persons as are found entitled was provided.
FOR COMMON MAN:- The Court in this case laid down measures to impress upon every committee that fulfillment of the laudable purpose of providing a home to the poor homeless depends upon its commitment to the goal and every effort should be made by it to ensure that the builder does not succeed in frustrating the purpose.
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