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Builder moves HC, calls survey illegal

mumbai Updated: Sep 08, 2011 00:57 IST
Mohan K Korappath
Mohan K Korappath
Hindustan Times
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A developer has challenged the alleged illegal survey of two plots in Dahisar, Borivli in the Bombay high court. The survey was conducted on the basis of an application filed by tribals, who claim they own the land. Petitioner Nahalchand Laloochand Pvt Ltd claims it owns the two plots, measuring 1,186 sqm and 7,845 sqm respectively.

The petitioner has also named the minister of state for tribal development, as party to the petition, stating that the minister abused his powers to favour the tribals and lodged a complaint against the director of the company, Rajesh Himatlal, under the Atrocities Act.

Senior counsel Navroz Seervai, appearing for the developer, argued before a division bench of justice PB Majmudar and justice RM Sawant, that they have been in possession of the land since 1989 and all disputes regarding execution of agreements with the tribals were settled in 2002.

Seervai contended that the tribal respondents had lodged a false complaint against the petitioners on the behest of another builder, and later the minister got involved in the case as well.

However, advocate Sanjiv Sawant, appearing for the tribals respondents, states that the tribals have been named in the land records. Sawant also states that the final agreement between the tribals and builder has not been executed yet and the documents furnished by the builder were fraudulent.

The case will be heard on September 20.