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11. On 12.06.2007, Esteem Properties succeeded the Gonsalves family with respect to the land in question. An Agreement to Sell dated 22.02.1996 was executed between the two appellants, when Esteem Properties made an initial payment of Rs.1 crore. Subsequently, Esteem Properties filed a suit for specific performance in respect of the said Agreement, which was finally settled in accordance with the Consent Terms recorded by the Bombay High Court in the order dated 12.06.2007. Through the aforesaid decree, Esteem Properties is said to have become absolute owners of the land in question. In these changed circumstances, i.e., transfer of ownership or the appellants coming together, Esteem Properties moved a Notice of Motion in the writ petition, wherein the Bombay High Court vide order dated 17.08.2007, while dismissing the Notice of Motion granted Esteem Properties liberty to make a representation before the appropriate authority.

“10. Subsequent to the withdrawal of the Motion an application was moved by Esteem Properties Private Limited before the Minister for Revenue. Gonsalves family were not the applicants in the said application. Except for the agreement to sell with the Gonsalves family, Esteem Properties Private Limited had no other right to the property. The learned Minister proceeded to hold that the Power of Attorney given to Shri Kapoor has been cancelled by the Gonsalves family and a suit had been filed before this Court and this Court (Writ Petition) had granted status quo and this had not been taken into consideration by the Minister. The order, therefore, it was submitted, is against the principles of natural justice. It was noted that under Section 258 it was necessary to give a hearing. It is not necessary to go into this aspect as the earlier order of the Minister shows that notices were sent. It was noted that Shri Gonsalves or the Power of Attorney of Gonsalves had agreed that the land was of the Government and had required to be given on lease. The Minister then proceeded to hold that the High Court had sent the matter to the Government for decision and as opportunity had not been given to the original Revenue Applicants, reviewed the earlier order. Whilst reviewing the order set aside the earlier order. P.I.L. has been filed against the said order.” The High Court framed three questions, which were:

“18. Was the Review Application maintainable at the instance of Esteem Properties Private Limited and another? Review under Section 258 lies at the instance of a party interested. The substantive review was not preferred by Esteem Properties. What they preferred is the procedural review. The order states that notices were served on the Gonsalves family. Whether in fact they were served, the material before us does not show whether the observations in the order are correct. The only persons who can complain of no notice are the persons who were parties to the proceedings. Gonsalves family did not move the authority for procedural review. More importantly the order was the subject matter of a pending Writ Petition. Order dated 17th March, 1998 was the subject matter of a petition filed not by the Gonsalves family, but by Esteem Properties Private Limited and another in the year 2006. The Motion taken out being Notice of Motion No. 333 of 2007 which was withdrawn to make representation before the Competent Authority was allowed by order of this Court dated 17th August, 2007. That would not mean that if otherwise there was no locus an order of the Court would give locus to such a party to maintain a review petition. The Review Application was made thereafter again by Esteem Properties Private Limited and not by Gonsalves family. The matter was pending and status quo had been ordered. Even the power of procedural review has to be exercised within reasonable time. When the petitioner filed the petition before this Court if they were entitled they could have moved the application for review. That was not done. Instead they challenged the order by petition before this Court by invoking its extra ordinary jurisdiction. An application was thereafter moved only on 17th August, 2007. The petition itself was filed on 22nd June, 2006. Ordinary time of filing Review is within 90  days from the date of the order. In instant case the petitioners cannot contend that they had no knowledge. The issue of petitioners having knowledge would not arise as they were not parties and question of giving notice to them consequently would not arise. Procedural review has to be by parties to the original proceedings. Esteem Properties were not parties to the proceedings. They would have no locus standi to file the procedural review. In our opinion, therefore, this was not a case where the Minister could have exercised his review jurisdiction on two counts (i) that there was a delay and (ii) that the Esteem Properties Ltd., had no title to the land on the date the application for review was made and they were not parties to the proceedings. There were proceedings between them and the Gonsalves family for enforcement of the agreement. They, therefore, could not have complained that no notice was given to them. They therefore, had no locus to maintain the review. Further this Court was seized of the matter and had admitted the petition. In our opinion, on this ground itself the impugned order is liable to be set aside and the original order passed in the review restored.” In response to the third question, the High Court observed as under:

29. From the above, it is clear that the Gonsalves family had not been provided adequate hearing before the order was passed in review.

30. It may be relevant to note that Esteem Properties filed a Writ Petition, being W.P. No. 1657 of 2006, before the High Court of Bombay challenging the order dated 17.03.1998. During pendency of the said Writ Petition, the suit between Esteem Properties and the Gonsalves family (appellants in C.A. Nos.10425 of 2010 and 10764 of 2010 respectively) was decreed through a consent order dated 12.06.2007 wherein the aforesaid subject land was conveyed in favour of Esteem Properties.