CHANDA C. KADAM & ORS. versus ADDITIONAL COLLECTOR & COMPETENT AUTHORITY

CHANDA C. KADAM & ORS. versus ADDITIONAL COLLECTOR & COMPETENT AUTHORITY

The occupancy certificate and 'No Objection Certificate' granted to the developers are valid except for an area of 37,865 sq. ft. reserved by the petitioners in the MOU; petitioners are entitled to exclusive rights over this area, and claims regarding excess FSI must not affect this portion until validity of MOU is adjudicated in civil suit.

Parties
Petitioner: Chanda C. Kadam & Ors.; Respondent: Additional Collector & Competent Authority & Ors.
Jurisdiction
India
Judgment Date
01 November 2013
Procedural Posture
Special Leave Petition (civil) / Final Judgment
Outcome
SLP partly allowed
Legal Topics
Partnership Firm, Memorandum of Understanding (mou), Urban Land Ceiling and Regulation Act, 1976, Grant of Occupancy Certificate, Lease in Perpetuity, Floor Space Index (fsi), Title Examination, Administrative Functions, Rights of Retainers and Developers
Urban Development Property Law Administrative Law Partnership Firm Memorandum of Understanding (mou) Urban Land Ceiling and Regulation Act, 1976 Grant of Occupancy Certificate Lease in Perpetuity +4 more

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Parties

Chanda C. Kadam & Ors.

Petitioner

Additional Collector & Competent Authority & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether approval of occupancy certificate contrary to terms of MOU affecting valuable rights should be treated as perversity
  2. 2 Whether competent authority is duty bound to examine terms of MOU before granting occupancy certificate

Ratio Decidendi

The occupancy certificate and 'No Objection Certificate' granted to the developers are valid except for an area of 37,865 sq. ft. reserved by the petitioners in the MOU; petitioners are entitled to exclusive rights over this area, and claims regarding excess FSI must not affect this portion until validity of MOU is adjudicated in civil suit.

Court Disposition

SLP partly allowed

Orders

  • Occupancy certificate and No Objection Certificate granted to respondents valid except for 37,865 sq. ft. area reserved for petitioners as per MOU.
  • Respondents not entitled to claim reserved area unless petitioners lose their rights in pending civil suit.