Deepak Valji Karia And Ors vs The State Of Maharashtra And Ors
2018 Latest Caselaw 176 Bom

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               IN THE  HIGH COURT OF JUDICATURE AT BOMBAY

                                  CIVIL APPELLATE JURISDICTION

                               WRIT PETITION NO. 5961 OF 2017

1          Deepak Valji Karia,
           Adult Indian Inhabitant,
           Occupation business, partner
           of M/s. Ambedeep Enterprises.

2          M/s. Ambedeep Enterprises,
           a registered partnership firm.

           Both 1 and 2 having address at
           Shop No. 14/15, Giriraj Darshan
           Co-op. Hsg. Soc. Limited,
           Plot No. 6, Sector-9,
           Kopar Khairane,
           Navi Mumbai.                                                                 ....Petitioners.

                      Vs.

1          The State of Maharashtra

2          The City and Industrial Development
           Corporation of Maharashtra Limited
           having its registered office at 
           "Nirmal", 2nd Floor, Nariman Point,
           Mumbai 400 021 and having its
           Head Office at CIDCO Bhavan, CBD
           Belapur, 
           Navi Mumbai-400614.

3          The Chief Land and Survey Officer,
           The City and Industrial  Development
           Corporation of Maharashtra Limited,
           CIDCO Bhavan, 7th Floor, CBD Belapur,
           Navi Mumbai.


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4          The Senior Planner (Bldg. Permission),
           (Navi Mumbai & Khopta), 
           The City and Industrial Development
           Corporation of Maharashtra Limited,
           CIDCO Bhavan, CBD Belapur,
           Navi Mumbai.                                                                 ....Respondents. 

Mr. Prasad P. Pathare for the Petitioners.
Mr. N.C. Walimbe, AGP for Respondent No. 1.
Mr. G.S. Hegde for Respondent Nos. 2 to 4.

                                 CORAM  :  R.M. BORDE AND
                                              R.G. KETKAR, JJ.

DATE : 8 JANUARY 2018.

ORAL JUDGMENT (PER R.M. BORDE, J.):-

Heard.

Rule. Rule made returnable forthwith.

2 Heard finally with the consent of the parties. The Petition

is taken up for final disposal, at admission stage itself.

3 The Petitioner, who is a developer of a plot acquired by

him from one Kisan Ganpat Patil-the original owner, has objected to

the notice issued by the CIDCO on 6 May 2016, directing the

Petitioner to stop the work being carried out over the plot allotted

under 12.5% scheme, consequent upon acquisition of lands belonging

to Uran Taluka Bhiwandiwala Trust.

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4                     It is the contention of the Petitioner that the Trust has no 

concern with the plot acquired by the Petitioner and in fact, it

belonged to one Kisan Ganpat Patil. It is further contended that since

the Trust has no concern with the plot and as Kisan Ganpat Patil is a

private individual, who has been allotted the plot under the scheme,

he can legally transfer the same for the purpose of development.

According to the Petitioner, since the Petitioner has not acquired the

property from the Trust, nor there is any record to indicate that the

plot acquired by the Petitioner, in fact, belongs to the concerned Trust,

the order impugned in the Petition deserves to be set aside.

5 An affidavit has been presented on behalf of the State

Government, wherein it has been specifically recorded that the award

declared by the Land Acquisition Officer under Section 11 of the Land

Acquisition Act, in favour of Kisan Ganpat Patil and the said claimant

has received the amount of compensation. Being the beneficiary of

12.5% scheme, the CIDCO had allotted the said plot to him by way of

rehabilitation benefit and that the concern Trust i.e. Uran Taluka

Bhiwandiwalal Trust, has nothing to do with the ownership of the said

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land and as such, there is no question of cancellation of allotment of

said plot.

6 In view of the affidavit presented on behalf of Tahasildar,

Uran, Taluka-Uran, District Raigad, the Development Authority i.e.

CIDCO has committed an error, in transmitting impugned

communication. The communication issued by the Development

Authority on 6 May 2016, directing the Respondent to stop the work

over the plot in question, deserves to be quashed and set aside. It

shall be further noted that the aforesaid notice has been issued on the

basis of communication from the Lands Department i.e. State

Government, informing that the plot appears to be belonging to Uran

Taluka Bhiwandiwala Trust. Since the factual position has been

clarified by the Tahasildar in the affidavit, the notice issued by the

Development Authority i.e. CIDCO on 6 May 2016, deserves to be

quashed and set aside and the same is accordingly quashed and set

aside. As a result, all the consequential actions, based upon the

aforesaid notice, also stand quashed and set aside. Rule is made

absolute, accordingly.

              (R.G. KETKAR, J.)                                                 (R.M. BORDE, J.)