Quick Summary: The Milan Cooperative Housing Society in Pune lost its appeal against the Pune Municipal Corporation over land rights. The society wanted to develop a plot but was denied due to prior agreements on land use.
The Milan Cooperative Housing Society, represented by Mrs. Urmila Karekar, filed a second appeal against the Pune Municipal Corporation. This was about a plot of land in Kothrud, Pune, which the society claimed they had the right to develop. They wanted to build a commercial building on this land.
The society argued that they owned the land and had the right to develop it. They claimed that the Pune Municipal Corporation had pressured them into giving up part of their land for public use without following the proper steps. They insisted that the land was never physically handed over and that they still had control over it.
"The society asked for a declaration that it was the owner and in control of the land and had the right to develop it."
The Pune Municipal Corporation, supported by Mr. Rishikesh M. Pethe, argued that the society had agreed to give up 10% of the land for public use in exchange for permission to build. They said this agreement was valid and that the society had benefited from it.
"The society was required to keep 10% of the net plot area as open space."
The court, led by Judge Gauri Godse, dismissed the society's appeal. The court found that the society had willingly given up the land and benefited from the agreement. The court pointed out that the society had waited 28 years to challenge the agreement, which weakened their case.
"The society, after taking advantage of the waiver... challenged the condition for approving the layout only in the lawsuit filed 28 years after giving up the land."
The court decided that the society had no right to claim the land back, as the agreement was valid and the land was rightfully owned by the corporation. The appeal was dismissed, and the previous decisions were upheld.
