Legal Victory for KHADB: Court Upholds Conversion of Amenity Plots for Commercial Use.
03 December 2024
Property Law >> Personal Law | Property/Real Estate Law >> Property & Real Estate
In recent matter of Bhaskar Dhondu Prabhulkar and Others v/s The Chief Officer, The Kokan Housing & Area Development Board, Mumbai & Others, this petition was filed under Article 226 of the Constitution, challenging the conversion of two "amenity plots" into "residential-cum-commercial" use in a housing project at Ratnagiri. The petitioners, three individual plot-purchasers from the project, argued that the change in land use was unlawful since the plots were originally designated for community amenities like a hospital or post-office.
The Konkan Housing & Area Development Board (KHADB) defended its decision, stating that the disposal of these amenity plots was in line with the regulations and that the Gram Panchayat had previously designated these plots for commercial use. The authorities emphasized that the sale and conversion process followed the proper legal procedure, and that sufficient space remained within the project for other amenities, as required by the approved layout plan.
The court concluded that the petition was without merit, as it should have been filed by the entire housing society, not just a few individuals. The court also confirmed that the plots were sold and converted in accordance with legal guidelines, and there was no irregularity in the process. Additionally, the court trusted that the remaining amenities would be provided as per the original plan, and it dismissed the petition with exemplary costs.