In a recent decision, the Bombay High Court ruled in favor of Parshuram Govind Patil, saying he doesn't need official approval to claim developed plots from CIDCO under a scheme. The court found CIDCO's demand for such approval unnecessary according to the law.
Parshuram Govind Patil filed a petition against the City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) and others, challenging a letter dated July 11, 2019. This letter required him to submit official approval for his late father's will to claim plots under a 12.5% land scheme.
CIDCO's scheme offers original landowners 12.5% of developed plots in addition to compensation. Patil argued that his father's will, dated June 23, 1997, entitled him to this benefit without needing official approval.
Patil's lawyer, Mr. Gorwadkar, argued that CIDCO's policy conflicts with the Indian Succession Act, 1925. The sections cited show that official approval isn't needed when the will and property are outside the High Court's jurisdiction. The court referenced a 2006 judgment supporting this view.
"The law does not mandatorily require obtaining official approval for a will," the court noted.
CIDCO claimed the official approval requirement was a safeguard against disputes. However, the court found the existing indemnity bond and affidavit sufficient for this purpose.
A 2025 amendment to the Indian Succession Act removed the section requiring official approval, reinforcing Patil's position.
The court canceled the July 2019 letter and declared CIDCO's official approval condition invalid. The judges, Manish Pitale and Shreeram V. Shirsat, emphasized that policies can't demand actions not required by law.
"The condition deserves to be struck down," the court declared.
Parshuram Govind Patil can now proceed with his claim for the plots, provided he meets other eligibility criteria under CIDCO's scheme. This judgment sets a precedent for similar cases, ensuring that legal requirements align with statutory laws.
