Disposed

M/S. Globe Enterprises (Builders and Developers) v. the Sub Divisional Officer, Thane and Ors.

Bombay HC26 Feb 2009WP/2618/2009

Case brief

AI extract

What is this about?

Petitioner withdrew application for 16,000 sq. metres of land but claimed regularisation of 2,675 sq. metres encroachment. Court directed Tahasildar to ascertain encroachment facts and applicability of Government Resolutions, ensuring no coercive action until regularisation decision is made, and ordered petitioner to file an undertaking against further encroachment.

What did the court decide?

Petitioner's applications withdrawn; directions issued for Tahasildar to verify encroachment and regularisation; undertaking from petitioner ordered against future encroachment.

M/S. Globe Enterprises (Builders and Developers) Vs the… — Property and Title | Bombay HC (2009)

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srp.

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HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO. 2618 OF 2009.

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 M/s. Globe Enterprises,
 Builders & Developers. ..Petitioners.

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 Versus.

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 The Sub-Divisional Officer,
 tal Bhiwandi, dist-Thane & Ors. ..Respondents.

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---

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 Mr. P.N. Joshi a/w Kishor S. Patil for the petitioner.

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 Mr. V. P. Malavankar A.G.P. for the respondent nos.
 1, 2 & 4.

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CORAM: S. B. MHASE &
D.B.BHOSALE, JJ.

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DATE: February 26, 2009.

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P.C.

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 1. Learned counsel appearing on behalf of the

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 petitioner, on instructions from his client who is present
 in Court, states that the petitioner is withdrawing the
 application submitted by him to the Tahasildar on 4th April
 2007, making a request for allotment of land admeasuring
 16,000 square metres for commercial purposes, namely,
 godown. He also states that his prayers in the writ
 petition to that extent are withdrawn and be deleted. The
 statement is accepted and we therefore direct the
 Tahasildar, Bhiwandi not to consider the application
 received by him on 4th April 2007 from the petitioner
 requesting him to grant land admeasuring 16,000 square
 metres from Survey No. 115 of village Dapode, taluka

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 Bhiwandi, district Thane.

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 2. Learned counsel for the petitioner submitted
 that the petitioner has made encroachment in Survey No.
 115 of village Dapode, taluka Bhiwandi to the extent of
 2,675 square metres. He submits that the said encroachment
 may be regularised by the respondent.

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 3. We are aware of the fact that there are
 Government Resolutions issued by the Government

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 regularising certain types of encroachments. Presently we
 are not aware of the fact whether the petitioner falls
 within any of the Government Resolutions which provide for
 the regularisation of the encroachments. However, the
 petitioner may point out to the appropriate authority the
 appropriate Government Resolution under which he claims the

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 regularisation. The Tahasildar or the appropriate
 authority who has the power shall ascertain as to whether

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 there is encroachment of 2,675 square metres made by the
 petitioner and thereafter shall ascertain whether the

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 Government Resolutions upon which the petitioner relies are
 applicable to the case of the petitioner and in case the

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 said Government Resolutions are applicable, the respondent
 may consider the case of the petitioner for regularisation

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 of encroachment to the extent of 2,675 sq. metres. We

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 make it clear that we have not given any direction for the
 regularisation and it is for the Government and appropriate
 authority to take the appropriate decision on its own

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 merits for the regularisation.

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 4. We have noted the statement of the petitioner
 that he has made encroachment. Whether there is such an
 encroachment in fact or not, is a fact to be ascertained by
 the concerned officer and thereafter the said officer shall
 take a decision in this respect. We only observe that in
 case there is factually encroachment to that effect, the
 co-ercive action shall not be taken by the respondent until
 the decision in respect of the regularisation is taken.
 However, if it is found that the petitioner is not entitled
 for the regularisation under the Government Resolutions,
 the respondents are at liberty not to regularise the said
 encroachment and take further steps to take possession of
 the property.

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 5. The petitioner shall file an undertaking to this
 Court within a period of one week that henceforth he will
 not make any further encroachment in Survey No. 115 of
 village Dapode. If such undertaking is not filed within
 the stipulated time, the respondent shall not consider the
 case of the petitioner for regularisation.

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 6. With these directions writ petition is disposed
 of.

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(D.B.BHOSALE, J.) (S.B.MHASE, J.)

M/S. Globe Enterprises (Builders and Developers) v. the Sub Divisional Officer, Thane and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Globe Enterprises (Builders and Developers) v. the Sub Divisional Officer, Thane and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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