Bombay High CourtCAW/1362/2016allowed

City And Industrial Development Corporation Of Maharashtra Ltd. v. Yashwant Jana Mhatre And ANR

2017-03-23Hon'Ble The Chief Justice,Hon'Ble Shri Justice G. S. Kulkarni3 pages

1/3 (20)WP-1488-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1488 OF 2016 Avinash Dhavji Naik & Anr .. Petitioners V/s State of Maharashtra through Secretary and others .. Respondents WITH CIVIL APPLICATION NO.1359 OF 2016 IN WRIT PETITION NO.1488 of 2016 City and Industrial Development Corporation of Maharashtra Ltd .. Applicant

Versus

Avinash Dhavji Naik & Anr .. Respondents WITH WRIT PETITION NO.1489 OF 2016 Dilip Gopal Naik & Anr .. Petitioners V/s State of Maharashtra through Secretary and others .. Respondents WITH CIVIL APPLICATION NO.1361 OF 2016 IN WRIT PETITION NO.1489 of 2016 City and Industrial Development Corporation of Maharashtra Ltd .. Applicant

Versus

Dilip Gopal Naik & Anr .. Respondents WITH WRIT PETITION NO.1490 OF 2016 Yashwant Jana Mhatre & Anr .. Petitioners V/s State of Maharashtra through Secretary and others .. Respondents

2/3 (20)WP-1488-16 WITH CIVIL APPLICATION NO.1362 OF 2016 IN WRIT PETITION NO.1490 of 2016 City and Industrial Development Corporation of Maharashtra Ltd .. Applicant

Versus

Yashwant Jana Mhatre & Anr .. Respondents WITH WRIT PETITION NO.1498 OF 2016 Suresh Dattatrey Naik & ors .. Petitioners V/s State of Maharashtra through Secretary and others .. Respondents WITH CIVIL APPLICATION NO.1363 OF 2016 IN WRIT PETITION NO.1498 of 2016 City and Industrial Development Corporation of Maharashtra Ltd .. Applicant

Versus

Suresh Dattatrey Naik & ors .. Respondents ...

Mr.Sachin Punde, Advocate for the petitioners. Mr.P.G. Sawant, AGP for the State.

CORAM: DR. MANJULA CHELLUR, CJ. & G.S. KULKARNI, J.

DATED: 23rd MARCH, 2017

3/3 (20)WP-1488-16 P.C.:- The case of the petitioners is that from the date of Section 6(1) notification award under section 11 of the Land Acquisition Act, 1894 is beyond the period of two years. Therefore, there is automatic lapsing of the acquisition proceedings. According to him, possession of the land is also with the petitioners. However, the land seems to have been acquired for the benefit of CIDCO for the project of Navi Mumbai. There are four Civil Application being C.A Nos. 1359/16, 1361/16, 1362/16 and 1363/16 seeking permission to come on record as intervenors.

All the Civil Applications are allowed. CIDCO is allowed to come on record.

Petitioners are directed to amend the cause title impleading CIDCO as additional respondent. Amendment to be carried out within one week.

Interim order, if any, to continue till next date. In the mean while, we direct the respondent State to place on record para-wise reply affidavit.

(G.S.KULKARNI, J.) (CHIEF JUSTICE)