Munnalal Sevalal Maurya v. The Maharashtra Industrial Development Corporation And ANR.
23 wp 1998 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1998 OF 2018 Munnalal Sevalal Maurya ...
Petitioner versus The Maharashtra Industrial Development Corporation and Anr.
...
Respondents Mr. A.A.Siddiquie i/by A.A.Siddiquie and Associates, for Petitioner. CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.
DATE:
15th OCTOBER, 2019 P.C.:
1.
The petitioner has challenged the order dated 15 th February, 2016 passed by the Deputy Engineer, Maharashtra Industrial Development Corporation, Marol SubDivsion, by which the petitioner's application/representation for inclusion of his name in Annexure II deciding his entitlement came to be rejected. It is not necessary to record the entire history of the case. Sufce it to record that after one round of remand from this Court, the petitioner's case was considered again by the said authority on the basis of the documents produced by the petitioner. While rejecting the petitioner's claim, in the impugned order, it was observed that the petitioner's name was not found in the voters list before 1 st January, 2000 or in the prior list of Marol Industrial area. It was recorded that the voters list for the year 1995 in relation to Part 76, Sr.No.169 Hut No.117 included name of Bhuvaneshwar Shobhnath Pandey. SSP 1/2
23 wp 1998 of 2018.doc The case of the petitioner was that the hutment was purchased by him from one Krishna Anandrao Shinde. It is recorded that the name of the wife of the said person namely Shashikala Anandrao Shinde was included in the second schedule and even the counsel for the petitioner agreed that the allottment was made to her by the developer. Under the circumstances, the petitioner failed to produce any reliable evidence of occupation of the said hutment before the authority below. The fnding of facts cannot be disturbed. The writ petition is dismissed. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. ) SSP 2/2