“29. Next, the presentation of Civil Application No.84 of 2016 by the State of Maharashtra has left us intrigued. Permission having been sought for from the Court [obviously because the request of the Salt Department in the UoI for correcting revenue records in terms of the order of the OSD dated September 30, 1996 not having been granted referring to the interim order passed in Bafna’s WP (letter dated April 16, 1999 of the Desk Officer, Revenue and Forests Department, page 2 of the compilation of Mr. Singh)] and the Court being seized of such application, it stands to reason that the GoM could not have on its own utilized the subject land for any public purpose conceived by it. However, we are aghast to note that while Civil Application No.84 of 2016 has been pending, the Collector on his own and without waiting for the outcome of such application has passed the impugned order and delivered possession to the MMRDA. Significantly, the plan annexed to such application and the plan placed before us by Dr. Sathe bear clear resemblance evicing that the site for the proposed Metro car shed is one and the same, i.e., the subject land. We, thus, see no reason as to how during its pendency the Collector could pass such an order. Looking at the decision in Amrita Prithishwar Bhattacharjee
