Bombay High Court
Bhailal Gambhirchand Shah vs The State Of Maharashtra Through ... on 13 June, 2019
Author: S. C. Dharmadhikari
Bench: S. C. Dharmadhikari, G.S. Patel
912-OSWPL1664-19.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 1664 OF 2019
Bhailal Gambhirchand Shah ...Petitioner
Versus
The State of Maharashtra though Government
Pleader & Anr ...Respondents
Mr Krishna KH Patil, for the Petitioner. Mr Abhay L Patki, Addl. GP, for Respondent No. 1. Mr GW Mattos, for Respondent No. 3.
CORAM: S. C. DHARMADHIKARI & G.S. PATEL, JJ DATED: 13th June 2019 PC:-
1. By this Petition, the Petitioner challenges the notice dated 13th May 2019 at page 154 of the paper-book. That notice reads as under:
"No. SDC/MTHL/MbP-L/1039/2019 To, M/s. B.G. Shah c/o. O.K. Steel Storage Haji Bunder Road, Sewari, Mumbai - 400 015 Page 1 of 5 13th June 2019 ::: Uploaded on - 15/06/2019 ::: Downloaded on - 15/06/2019 22:20:51 ::: 912-OSWPL1664-19.DOC Sub.: Acquisition of Interest in MbPT's plots earlier leased to various parties.
Ref.: 1. Notices issued to you dated 29.06.2017 & 18.09.2017
2. Deliberations of the Advisory Committee set up to Recommend compensation.
3. Letter issued to you dated 08.03.2019
4. Your letter dated 18.03.2019.
Sir, As informed to you vide notices in reference cited at 1 above, MMRDA intends to acquire your interest in the land earlier leased to you by MbPT and structure standing thereon since the same is affected by a Vital public purpose infrastructure project called Mumbai Trans Harbour Link (MTHL) project being implemented by MMRDA, which is appointed as a Project Implementing Agency by Govt of Maharashtra. You have participated in varous hearings and deliberations of the Advisory Committee set up to recommend compensation payable for acquiring your interest in the property, which were held from time to time subsequent to issuing of above cited notices. You have, however, not agreed to enter into a Consent Agreement under Section 126(1)(a) of the MR & TP Act.
You have been further informed, vide our letter in reference cited at 3 above, to accept the amount of compensation of Rs. 12,91,59,310/- towards your interest in the property at RR No. 1743 & 1836, CTS No. 270/145, and hand over vacant possession of the same at the earliest. You were further requested to intimate your acceptance within a period of 7 days from the receipt of MMRDA letter. In response, vide your letter dated 18th March 2019, you have Page 2 of 5 13th June 2019 ::: Uploaded on - 15/06/2019 ::: Downloaded on - 15/06/2019 22:20:51 ::: 912-OSWPL1664-19.DOC communicated your non-acceptance of the compensation.
We would like to point out that the plot of land in your possession is owned by MbPT and MMRDA has entered into MOU with MbPT by which MbPT has agreed to lease this plot of land to MMRDA for MTHL project. Further, MbPT has terminated the lease granted to you earlier for this plot.
In view of the above, a notice is hereby issued to you to vacate the premises and hand over peaceful possession of concerned land and building within 15 days from the receipt of this notice, failing which MMRDA shall proceed with further action of taking forceful possession of the property, including eviction and demolition of the said structure.
Yours faithfully, (V.G. Patil) Chief, Social Development Cell"
2. After this petition was argued for some time, we do not think that the litigation can be prolonged to the detriment of larger public interest.
3. The Mumbai Metropolitan Regional Development Authority ("MMRDA") has claimed in this notice that it has obtained rights from the Mumbai Port Trust. The plot of land is in possession of the Page 3 of 5 13th June 2019 ::: Uploaded on - 15/06/2019 ::: Downloaded on - 15/06/2019 22:20:51 ::: 912-OSWPL1664-19.DOC Petitioner but is presently required for the Mumbai Trans Harbour Link Project being implemented by MMRDA.
4. The Petitioner participated in various hearings and deliberations of an Advisory Committee set up to recommend compensation payable for acquiring the Petitioner's interest in the property.
5. The Petitioner claims that just because the figure was not acceptable now such a notice has been issued.
6. The MMRDA says either which way one looks at it, the land is required is for this vital public purpose infrastructure project which cannot be held up.
7. In the above circumstances, to enable Mr Holambe Patil to take instructions from his client, we post this matter on 13th July 2019.
8. Within this period, without prejudice to its rights and contentions the MMRDA should deposit sum of Rs. 13 crores in Page 4 of 5 13th June 2019 ::: Uploaded on - 15/06/2019 ::: Downloaded on - 15/06/2019 22:20:51 ::: 912-OSWPL1664-19.DOC this Court. The sum be invested with a nationalized bank by the Registry of this Court pending further orders.
9. Needless to clarify that the MMRDA is free to resort to such legal proceedings to secure eviction of the Petitioner as are permissible in law. This equally applies to the MbPT as well.
10. Needless to further clarify and as stated by Mr Mattos, the Petitioner will not be dispossessed until the next date.
11. List the matter on 13th July 2019 on the Supplementary Board.
(S. C. DHARMADHIKARI, J) (G. S. PATEL, J) Page 5 of 5 13th June 2019 ::: Uploaded on - 15/06/2019 ::: Downloaded on - 15/06/2019 22:20:51 :::