Anand Kantibhai Dhodi v. Dube Constructions Company (Formerly Known As Parag Constructions And Partners) And 3 ORS.

DNKale 1/2 18-wpl-656-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.656 OF 2018 Anand Kantibhai Dhodi ...

Petitioner

Versus

Dube Constructions Company (Formerly Known as Parag Constructions & Partners) ....

Respondents .....

Mr. Sanjiv Sawant a/w Mr. Rohan Mahadik a/w Mr. Ritu Pawar I/b The Juris Partners for the Petitioner.

Mr. Rajiv Narula I/b Jhangiani Narula & Associates, for Respondent No.1. Ms. Pooja Yadav for Respondent No.2-MCGM.

Ms. Ayushi Shah I/b Ashwin Ankhad & Associates for Respondent No.3. Ms. Jyoti Chavan, AGP for Respondent No.4.

.....

CORAM : S.C.GUPTE, J.

DATE : 23 MARCH 2018 P.C. :

1.

This Petition challenges an order passed by the Municipal Corporation of Greater Mumbai, granting commencement certificate to Respondent No.1-Developer to develop the suit property. The grievance of the Petitioner is that the Petitioner, who is the owner of the land is a tribal and his land cannot be allowed to be developed in the manner proposed. Respondent No.1 disputes this position. Be that as it may, since the Petitioner's application/representation for re-transfer of this land is pending before the Collector, Mumbai Sub-urban District, Learned Counsel for the Petitioner is agreeable not to press his petition, if the application/representation is expeditiously heard by the Collector.

DNKale 2/2 18-wpl-656-2018.doc 2.

Learned Counsel for the State, after taking instruction, from the concerned Tahasildar, states that Petitioner's application/representation will be considered and a final decision will be taken thereon within a period of eight weeks from today. The statement is accepted. 3.

Petition is dismissed as not pressed, with liberty to file a fresh petition seeking a similar relief or challenge the order, if any, passed on his application/representation. Respondent No.4 shall decide the Petitioner's representation within eight weeks from today. All rights and contentions of the parties on merits are kept open.

4.

The Petitioner's application/representation shall be considered as an appeal under Section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974. The Respondent-Collector shall before deciding the Petitioner's appeal give a hearing to Respondent No.1 and also to Respondent No.3-BEST and decide the Petitioner's appeal by a reasoned order.

(S.C.GUPTE, J.)