Airports Authority Of India v. The Minister For Revenue, Revenue And 4 ORS.

mub 902 wp 806.07.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 806 OF 2007 Airports Authority of India ...

Petitioner Vs.

The Minister for Revenue, Revenue & Forest Department & Ors.

...

Respondents .....

Mr. G.S. Godbole a/w. Rakesh Singh i/b. M.V. Kini & Co. for the petitioner.

Mr. Geeta R. Shastri, Addl. GP for respondent nos. 1 to 4. Mr. S.U. Kamdar, Sr. Advocate, Chirag Kamdar i/b. Arunkumar & Associates for respondent nos. 5 & 6.

Mr. Farid Karachiwala i/b. Wadia Ghandy & Co. for respondent no.7. ....

CORAM : S.C. GUPTE, J.

DATE : 28.04.2016.

P.C.:

1.

Heard learned counsel for the parties. By consent the petition is disposed of in terms of the following order. 2.

The impugned orders of all three authorities below, namely, the Revenue Minister, the Deputy Director of Land Records and the Superintendent of Land Records, Mumbai Suburban District are set aside and the matter is remanded to the Superintendent of Land Records, Mumbai Suburban District, Bandra, Mumbai for a fresh hearing of Appeal No. 370 of 1999 in accordance with law. 3.

All rights and contentions of the parties including the contentions on merits as well as on maintainability of the appeal on account of the bar of limitation, are kept open. Both the parties shall be entitled to file such additional documents and pleadings as permissible

mub 902 wp 806.07.odt in law.

4.

The Superintendent of Land Records shall decide the Appeal on its own merits and without in any way being influenced by any order passed by the Authorities in Appeal or Revision or by this Court in the present petition. Respondent no. 7 shall be entitled to intervene in the pending Appeal before the Superintendent of Land Records.

5.

The petition is disposed of accordingly. No order as to the costs.

(S.C. GUPTE, J.)