Disposed

Kapstone Constructions Private Limited v. State of Maharashtra, through Revenue and Forest Dept

Bombay HC1 Mar 2012WP/840/2012

Case brief

AI extract

What is this about?

This court disposed of a writ petition concerning the grant of land. The Respondent agreed to transfer 48,768.96 sq. mtrs. of land and directed to consider the 2010 ready reckoner value and transfer possession within sixty days.

What did the court decide?

Directed Respondent to consider 2010 ready reckoner value and grant lease/hand over possession within 60 days.

Kapstone Constructions Private Limited Vs State of… — Land Acquisition | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.840 OF 2012

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Kapstone Constructions Pvt. Ltd.

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..Petitioner

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Vs.

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State of Maharashtra through Revenue and Forest

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..Respondent

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Dr. V.V. Tulzapurkar Senior Advocate i/b M/s. Wadia Ghandy and Co. for Petitioner Mr. S.R. Nargolkar AGP for State

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CORAM : D.D.SINHA AND SMT. V.K.TAHILRAMANI, J J.

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DATE : MARCH 01, 2012.

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P.C.:

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1. Heard the learned Senior Counsel for the Petitioner and the learned AGP for the State.

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2. The following facts are not in dispute:

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(1) That the Petitioner claims to be entitled to lease/ grant/ transfer of the entire piece of land bearing Survey No. 386/1 of village Majiwade, Taluka and District Thane under Regulation 2(d) for development of the Special Township Regulations in the area of Thane Municipal Corporation dated 25.5.2006;

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(2) In view of the statement made in paragraph 7 of the affidavit in reply dated 12.1.2012 of the Respondents

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filed in Writ Petition and only Regulation 2(d) of the Development of Special Township Regulation dated 25.5.2006, the Respondents have agreed that within a reasonable time to (i) undertake and/or cause to be undertaken all the necessary acts, deeds, matters and things and execute all necessary deeds, documents and writings to cause the grant/ lease/ transfer of the land bearing Survey No. 386/1 of village Majiwade, Taluka and District Thane admeasuring 48,768.96 sq. mtrs. to the Petitioner as the occupant Class-II, as per the market value of ready reckoner of the date on which lease/ sanad will be executed in favour of the petitioner and (ii) hand over and/or cause to be handed over to the quiet, vacant and peaceful possession of the land bearing Survey No. 386/1 admeasuring 48,768.96 sq.mtrs. to the Petitioner.

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3. The learned counsel for the Petitioner at this stage has submitted that the contention of the Petitioner that the market value of the land in question would be considered on the basis of value of ready reckoner prevailing on the date of the execution of the deed / sanad, is incorrect in view of the order of allotment of the said land dated

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3.5.2010 issued by the State of Maharashtra. It is

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submitted that in the said order of allotment it is specifically mentioned that the market value of ready reckoner of the year 2010 shall be considered. It is, therefore, contended that the Respondent be asked to consider the market value of the ready reckoner prevailing in the year 2010 only.

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4. The learned Counsel for the Petitioner has submitted that the Petitioner has already submitted representations dated 25.7.2010 and 22.9.2011 in relation to the grant/ lease/ transfer of the balance area (after excluding the area of 48,768.96 sq. mtrs) of the land bearing Survey No. 386/1 of village Majiwade, Taluka and Dist. Thane. The learned A.G.P. has submitted that the said representations shall be considered by the State Government in accordance with law and procedure applicable in this regard and pass an appropriate order within a period of 12 weeks.

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5. On the backdrop of the above referred facts, it appears that the Respondent is ready and willing to grant/ lease/ transfer the land admeasuring 48, 768.96 sq. mtrs. to the Petitioner as occupant Class-II. Since the issue is pending for a long time, we direct the Respondent to take necessary steps in this regard within a period of sixty days from today. So far as the issue regarding the market value of the ready reckoner to be considered is concerned, we have perused the order of allotment dated 3.5.2010 which is annexed to

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the petition at Annexure-L, wherein, it is specifically stipulated that the market value of the ready reckoner of the year 2010 should be the basis. It is, in these circumstances, we direct the Respondent to take the market value of the ready reckoner of the year 2010 as the basis.

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6. In view of these facts and circumstances, the cause of action in the present Writ Petition no more survives and the same is disposed of accordingly. Needless to mention that if the decision is adverse to the Petitioner, it is always open

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to the Petitioner to undertake appropriate remedies as available in law.

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[ SMT. V.K.TAHILRAMANI,J.] [ D.D.SINHA, J. ]

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kandarkar

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Kapstone Constructions Private Limited v. State of Maharashtra, through Revenue and Forest Dept

Case brief

What is this about?

What did the court decide?

Kapstone Constructions Private Limited v. State of Maharashtra, through Revenue and Forest Dept

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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