Bombay High Court
Girish Ramakant Kharosekar vs The State Of Maharashtra And ... on 12 April, 2017
Bench: R.M. Borde
933wp-10746.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10746 OF 2016
Girish s/o Ramakant Kharosekar ... Petitioner
Age 45 years, Occu: Service,
R/o C-3, Himali Society,
Erandwana,Pune-4
VERSUS
1. The State of Maharashtra
Through its Secretary
Urban Development Department,
Mantralaya, Mumbai
2. The City and Industrial
Development Corporation Ltd.
Nirmal Bhavan, 2nd Floor,
Nariman Point, Mumbai 400 021
Through its Managing Director
3. City and Industrial Development ... Respondents
Corporation Ltd.,
New Aurangabad
Through its Chief Administrator
Mr. Suresh M. Kulkarni, Advocate for Petitioner
Mr. A. R. Kale, A.G.P for the respondents State
Mr. A. S. Bajaj, Advocate for Respondent Nos.2 and 3.
CORAM : R. M. BORDE &
K. L. WADANE, JJ.
DATE : 12th April, 2017
JUDGMENT (Per R. M. Borde, J.):
1. Rule. Rule made returnable forthwith. With the
consent of the parties, taken up for final disposal.
2. Issue raised in the present petition is no more
933wp-10746.odt
res integra and is covered by the decision of this
Court in Writ Petition Nos. 3219/2016 (Vijaykumar
Nilkanthrao Solunke Vs. The State of Maharashtra),
decided on 26th October, 2016.
3. The grievance raised by the petitioner in the
instant petition is in respect of allotment of land
to the extent of 12.5% of the acquired area in
accordance with the policy framed by the Government.
4. In the earlier round of litigation, in Writ
Petition No. 5084/1999, presented by the petitioner
herein, this Court quashed the order dated 21.09.2010
passed by respondent No.2 i.e. the Managing Director,
CIDCo Mumbai and it was directed to allot 12.5% of the
acquired land to the petitioners in the name as
appearing in the Award dated 23rd December, 1996. It
was further directed that the parties shall comply
with the legal requirement of the Board Resolution
dated 23rd March, 1992 before the possession is handed
over.
5. In the award statement, name of promoter society
Suubhamkaroti Griha Nirman Sanstha has been recorded.
According to the petitioner, the society was not
933wp-10746.odt
registered due to technical difficulties, posed by the
Co-operation Department. Members of the proposed
Society have tendered undertaking on the bond papers,
which are annexed to the petition, stating therein
that the society has not been registered and as such
they do not have any existing interest in the subject
matter. The proposed members have also stated in the
affidavit that they do not have any objection if the
piece of plot is handed over to the Chief Promoter,
i.e. the petitioner herein.
6. Since the society has not been registered, there
shall be is no difficulty in handing over the plot to
the Chief Promoter, however, in order to safeguard the
interest of the CIDCO and to avoid further litigation,
certain conditions need to be incorporated.
7. The petitioner shall file indemnity bond, duly
motorized, indemnifying the CIDCO in the event of
occurrence of any litigation or raising of any claim by
any individual in respect of the plot in question.
The petitioner has already placed on record the
undertaking, the same is marked 'X' for identification.
The petitioner shall tender duly verified indemnity
bond with CIDCO recording same text within a period of
933wp-10746.odt
seven days from today.
8. Subject to tendering of indemnity bound as
referred above, the CIDCO shall execute the lease deed
in favour of the petitioner without insisting for
registration certificate of the society and list of
members.
9. With the directions as above, writ petition is
disposed of. Rule is accordingly made absolute. In
the facts and circumstances of the case, there shall be
no order as to costs.
(K. L. WADANE, J.) (R. M. BORDE, J. )
JPC
