Disposed

Gaondevi Co-Operative Housing Society and Anr. v. the District Collector, Thane and Ors.

Bombay HC4 Jul 2014WP/2338/2014

Case brief

AI extract

What is this about?

Writ petition challenging a demand notice for lease rent. High Court directed the Collector to hear objections and pass a fresh order determining the payable amount based on a previous No Objection Certificate, keeping merit contentions open.

What did the court decide?

Directed District Collector to hear objections and pass a fresh order on lease rent demand by September 1, 2014.

Gaondevi Co-Operative Housing Society and Anr… — Public Procurement and Tenders | Bombay HC (2014)

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wp-2338.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2338 OF 2014

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Gaondevi Co-operative Housing Society and Another.

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and Another. .. Petitioners Vs The District Collector, Thane and Ors. .. Respondents

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Shri V.B. Naik, Senior Advocate i/by Shri Patil S. Dadasaheb for the Petitioners. Shri V.S. Gokhale, AGP for Respondent Nos.1 and 3. Shri Mandar Limaye for Respondent No.2.

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CORAM : A.S. OKA & A.S. CHANDURKAR, JJ DATED : 4TH JULY 2014

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P.C.

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. Heard learned senior counsel appearing for the Petitioners, the learned AGP for the first and third Respondents and the learned counsel appearing for the second Respondent.

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The State Government by an order dated 17^th September 2012 issued “No Objection Certificate” for development of the property in question. The development has been undertaken by the Petitioners. Clause (9) of the said No Objection Certificate provides for payment of lease rent and interest thereon with effect from 1^st October 2008 as per

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the prevailing policy of the State Government. The challenge in this Petition under Article 226 of the Constitution of India is to the

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communication dated 18^th June 2013 issued by the District Collector, Thane, by which a demand has been made for payment of lease rent from the year 2008 till 2013 along with interest thereon.

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Various objections have been raised by the Petitioners to the said demand. The said objections will have to be decided by the District Collector and after considering the objections, the District Collector will have to determine the amount payable in terms of Clause (9) of the No Objection Certificate issued by the State Government dated 17^th September 2012. Considering the large demand made by the Collector, it will be appropriate if the Collector considers the objections raised by the Petitioners and passes a fresh order determining the amount of lease rent and interest payable thereon.

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Hence, we pass the following order:

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ORDER :

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(a) We direct the representative of the Petitioners to remain present before the District Collector, Thane, on 14^th July 2014 at 11.00 a.m.;

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(b) The Petitioners shall file written objections to the demand raised by the communication dated 18^th June 2013 along with requisite documents;

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(c ) The District Collector, Thane, after hearing all the concerned parties and after considering the objections raised shall determine the amount payable on account of lease rent and interest thereon in terms of the No Objection Certificate dated 17^th September 2012;

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(d) Final order shall be passed by the District Collector, Thane, on or before 1^st September 2014;

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(e) All contentions on merits are kept open;

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(f) After final order is passed, if lease deed is not executed and further commencement certificate is not issued, it will be open for the Petitioners to file a fresh Petition in accordance with law.

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(A.S. CHANDURKAR, J)

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( A.S. OKA, J )

Gaondevi Co-Operative Housing Society and Anr. v. the District Collector, Thane and Ors.

Case brief

What is this about?

What did the court decide?

Gaondevi Co-Operative Housing Society and Anr. v. the District Collector, Thane and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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