Sanjeev S/O Gunwantrao Kashikar Thr. P.O.A. Shri Arun S/O Namdeorao Kaore v. Nagpur Improvement Trust Nagpur Thr. Chairman Nagpur

Order 2807wp5465.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 5465/2016.

Sanjeev Ganwantrao Kashikar through POA.

-VERSUSNagpur Improvement Trust, Nagpur Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND ROHIT B. DEO, JJ.

DATE : JULY 28, 2017.

Heard Shri P.V. Vaidya, learned Counsel for the petitioner and Shri M.V. Samarth, learned Counsel for respondent.

2.

The petitioner has purchased T.D.R i.e.

Transferable Development Rights through Sale-deed dated 27.06.2014. The petitioner thereafter on 05.09.2014, applied for mutation and a certificate accordingly in respect of his title. That application has been rejected on 04.12.2015 by pointing out that the Sale-deed of which benefit is sought has not been properly executed.

3.

Submission of respondent before this Court

Order 2807wp5465.16 is that as all owners of Development Control Rights have not signed that Sale-deed, the transfer has not been recognized.

4.

Petitioner has pointed out that all vendors have on 21.08.2012 executed as Power of Attorney in favour of the transferor who has acted as vendor in Sale-deed dated 27.06.2014. The Sale-deed as also Power of Attorney are not in dispute.

5.

Record shows that all owners were present when they gave power of attorney to the vendor of petitioner on 21.08.2012. In this situation, it is apparent that rejection of demand made by the petitioner or then insistence of respondent that the Sale-deed should have been signed by all owners of TDR is, unsustainable.

6.

Accordingly, we set aside the impugned communication dated 04.12.2015. Respondent to issue necessary certificate to petitioner in terms of Sale-deed dated 27.06.2014.

7.

Writ Petition is accordingly allowed and disposed of. No costs.

JUDGE JUDGE Rgd.