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Head Note

Civil Law  - Urban Land (Ceiling and Regulation)

Urban Land (Ceiling and Regulation) Act, 1976 - Section 20 - Surplus Land - Exemption -Act was granted on 17.8.2023 with the condition to surrender 30% of the permissible floor space to the allottees nominated by the Government - It was clarified that the percentage will be prescribed by the Government as per the extent of the land to be exempted -Subsequent corrigendum was issued by the Government on 23.11.2023 wherein the extent of 30% was agreed as 20% of the floor space of the first 2,000 sq.mt. of the net permissible FSI of the land exempted under the order and 30% of the 2364.37 sq. mt. balance permissible area -Appellant executed an indemnity bond on 12.10.2023 wherein it was agreed that the balance built up area would be surrendered to the Government within a period of five years i.e. up to 2003 - Held that the appellant is bound to surrender to the Government a total 20% of the permissible floor space in the light of the corrigendum dated 23.11.2023 issued by the Government -Till date, the appellant has given only seven flats to the allottees nominated by the Government - Calculating 20% of the floor space, the appellant is bound to sell 11 more flats to the persons that may be nominated by the Government - Order passed by the High Court set aside -Order dated 25th July, 2006, passed by the Additional Commissioner, Konkan Division, Mumbai modified and the appellant directed to sell eleven more flats to the allottees, who shall be nominated by the Government.

Topic(s)-Urban Land Ceiling - Entitled for more exemption as per subsequent corrigendum