Dismissed

Sant Tukaram Chs. Ltd. v. the Secretary Revenue and Forest Department of Maharashtr State of Maharashtra and Ors.

Bombay HC29 Oct 2012WP/795/2012

Case brief

AI extract

What is this about?

The writ petition challenging the Collector's decision regarding land allotment area was dismissed as barred by laches. The petitioner filed a related writ petition earlier which was already rejected, and substantial delay coupled with developments on the disputed land precluded hearing the current challenge in the guise of a notice object. No adjudication of merits on the land issue was attempted.

What the court decided

AI extract

Sant Tukaram Chs. Ltd. Vs the Secretary Revenue and Forest… — Land Acquisition | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION No. 795 OF 2012.

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Sant Tukaram CHS Ltd. Registered Co-operative Housing Society. .. Petitioner.

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Vs.

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The State of Maharashtra & Others .. Respondents.

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Mr Arif Bookwala, Senior Advocate a/with Girish Kulkarni i/by Vyas & Bhalwala for the petitioner.

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Mr Milind More, A.G.P. for Respondent No. 1 and 2 Mr D.A.Nalavade for Respondent No.3.

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Mr A.C.Singh, Senior Advocate a/with Sanjeev Singh for Respondent Nos. 5 and 6.

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CORAM : A.M. KHANWILKAR & R. Y. GANOO, JJ.

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DATED :- 29th OCTOBER, 2012.

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P.C. :-

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1. Heard Counsel for the parties.

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1. The challenge in this petition, though couched in the form of

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challenge to NOC dated 20^th August, 2011 and 1^st December, 2011 Exhs. T & V. to the petition, but, in effect, is to challenge the decision of

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the Collector (MSD) of allotting plot only to the extent of 1530 sq.meters in terms of the communication dated 25^th June, 2002, issued

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1 of 2

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by the office of the Collector (MSD) (Exh.H at p 131 onwards of this petition). The petitioner acted upon the said decision of the Collector (MSD) and deposited the land cost for 1530 square meters area, as back as on 11^th December, 2006, without registering any protest at all. Moreover, the portion of the land out of total land admeasuring 2330 sq. meters after setting apart the portion now allotted to the petitionersociety admeasuring 1530 sq.meters, has already been handed over to respondent No.4. The respondent No.4, in turn, has already developed the portion of that property allotted to it by constructing two buildings on the basis of LOI dated 4^th April. 2009. At this distance of time, the petitioner cannot be permitted to challenge the said decision of the Collector in the guise of challenge to the NOC dated 20^th August, 2011 and 1^st December, 2011. In the accompanying W.P. No. 1703 of 2011, we have already dealt with this aspect for rejecting the writ petition filed by the petitioner-society. Accordingly, even this petition fails. The same is dismissed.

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(R.Y.GANOO,J) (A.M.KHANWILKAR,J)

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Ladda

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Sant Tukaram Chs. Ltd. v. the Secretary Revenue and Forest Department of Maharashtr State of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

Sant Tukaram Chs. Ltd. v. the Secretary Revenue and Forest Department of Maharashtr State of Maharashtra and Ors.

Case brief

What is this about?

What the court decided

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