5.wp.6916-08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6916 OF 2008 WITH CIVIL APPLICATION NO.2380 OF 2008 IN WRIT PETITION NO.6916 OF 2008 Shri Vinod Yashwant Digrajkar. ..Petitioner. Versus Competent Authority, Kolhapur Urban Agglomeration Urban Land (Ceiling and Regulation) Act, 1976, Kolhapur and others. ..Respondents. .... Mr.S.S. Patwardhan, Advocate for the Petitioner. Mr.S.N. Bhosale, A.G.P., for the Respondent Nos.1 to 3. Mrs.J.S. Pawar, Advocate for respondent Nos.4 to 7. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH NOVEMBER, 2009 P.C.:­ 1. Rule. Rule is made returnable forthwith. Heard finally by consent of parties. 2. By consent of parties, Petition is disposed of in following terms : [i] It is common ground that the market rate is to be communicated by the developer to the Competent 5.wp.6916-08 2 Authority and if the Competent Authority finds that the market rate communicated is not correct, then the market rate is to be determined by the Competent Authority. Therefore, it appears that the determination of the rate done by the Competent Authority in the order dated 20th June, 2008 (copy of which is at Exhibit­G to the Petition), and the order dated 18th September, 2008, (copy of which is at Exhibit­Q to the Petition), is contrary to the procedures established by law. Therefore, the price mentioned in both the orders is set­aside. [ii] The learned Counsel appearing for the petitioner has stated before us that according to the petitioner the market price is Rs.462/­ per sq. ft. Therefore, now the Competent Authority shall determine as to what should be the market price and allotment price of the flats involved in this Petition, in accordance with law after granting an opportunity of being heard to the petitioner and respondent Nos.4 to 7 ­who are the allottees. Respondent Nos.4 to 7 shall make additional payment, if any, in accordance with the order that may be made by the 5.wp.6916-08 3 Competent Authority. [iii] Rule made absolute accordingly. No order as to costs. Civil Application also stands disposed of. (D.K.DESHMUKH,J) (K.K. TATED,J)