Narendra Ramchand Daswani And Ors vs State Of Maharashtra Through Its ...
2021 Latest Caselaw 1894 Bom

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Nijasure   2021.02.01
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                                                                           902-WPST-1928-21.doc

            Sharayu Khot.
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION (ST) NO. 1928 OF 2021


                     Mr. Narendra Ramchand Daswani & Ors.                   ...Petitioners

                              Versus

                     State of Maharashtra & Ors.                            ...Respondents

                                                         ----------
                     Mr. Kaustubh Thipsay a/w Mr. Shon D. Gadgil, for the Petitioners.
                     Mrs. P.J. Gavhane, AGP, for the Respondent-State.
                     Mr. Anil Sharma, for Respondent No. 4.
                                                         ----------

                                                         CORAM :          K.K. TATED &
                                                                          R.I. CHAGLA, JJ.

                                                          DATE        :   29 January 2021

                     ORDER :

1. Heard the learned Counsel for parties.

2. By this Petition under Article 226 of the Constitution of

India, the Petitioners are challenging the judgment dated 18th

January 2021 passed by the Respondent No. 3-Chief settlement

Commissioner, Government of Maharashtra allowing Revision

Petition No. 4 of 2020 under Section 24 of the Displaced Persons

902-WPST-1928-21.doc

Compensation And Rehabilitation Act, 1954 and thereby cancelling

the Conveyance Deed dated 24th January 2019 and directing the

removal of Smt. Soni Joy Varghese from the possession of the subject

property and handing over of the possession of the subject property

to Respondent No. 4.

3. Learned Counsel Mr. Thipsay appearing for the

Petitioners submits that the Petitioners purchased the said property

from Smt. Soni by registered documents. He submits that the

authority before passing the impugned order, failed to give any notice

to the Petitioners and Smt. Soni as required under Section 24(3) of

the said Act.

4. Therefore, this Court directed Respondent No. 4-party in

person to place on record the copy of the Revision Petition No. 4 of

2020 filed by him before the Authorized Chief Settlement

Commissioner, Kokan Division. He placed on record the copy of the

same. Reading of the title of the said Revision Petition, it is noticed

that neither the Petitioners nor the said Smt. Soni have been made

parties to the said proceedings. Therefore, this itself shows that the

impugned order passed by the authority is contrary to Section 24 of

902-WPST-1928-21.doc

the said Act.

5. At this stage, the Respondent No. 4-party in person also

agreed that he has not made the Petitioners and/or the said Smt.

Soni parties in the Revision Petition filed by him before the authority.

He submits that he may be permitted to join them as party

Respondents to the said proceedings and the authority may be

directed to decide the same on its own merits.

6. On this submission, both the parties i.e. Petitioners as

well as Respondent No. 4-party in person have filed Consent Minutes

of the Order dated 29th January 2021. Same is signed by the

Advocate for the Petitioners as well as Respondent No. 4-party in

person. Same is taken on record and marked as 'X' for identification.

The said Consent Minutes of Order read thus:-

"1. Petitioners have given written instructions to their Advocates to confirm and sign these Minutes of Order. Respondent No. 4 is present in person. Ld. AGP appears for Respondent Nos. 1-3.

2. The impugned Order dated 18.01.2021 passed by the Respondent No. 3, the Authorized Chief Settlement

902-WPST-1928-21.doc

Commissioner for Compensation Pool Properties cum custodian of Evacuee Properties Maharashtra State, Mumbai in Revision Petition No. 4/2020 is set aside by consent.

3. The Respondent No. 4 agrees and undertakes to this Hon'ble Court to implead the Petitioners and the predecessor in title to the Petitioners (Smt. Soni Joy Varghese) in Revision Petition No. 4/2020.

4. The Advocate on behalf of the Petitioners waives service of Revision Petition No. 4/2020 on behalf of the Petitioners. The Petitioners are at liberty to file a reply in the said Revision Petition before Respondent No. 3 within 2 weeks of the date of passing this Order. Respondent No. 4 is at liberty to file a Rejoinder to the said reply within 2 weeks of the filing of such reply, if any. The Respondent No.3 to proceed with hearing of the Revision Petition, even if any of the parties fail to file their Replies within the stipulated time.

5. All contentions of the parties are kept open and Respondent No. 3 to decide and dispose of the said Revision Petition No. 4/2020 on its own merits after hearing all the parties as stated above on or before 31/05/2021."

7. Considering this fact, we pass the following order:-

902-WPST-1928-21.doc

(i) Writ Petition stands disposed of in terms of the Consent

Minutes of the order.

(ii) No order as to costs.

(iii) Parties to act on the authenticated copy of this order.

[R.I. CHAGLA J.]                             [K.K. TATED, J.]