Court allows development on disputed Andheri plot
The Bombay High Court has paved the way for the development of a 27,567 sq m plot at Chakala on the Andheri-Kurla Road.mumbai Updated: Apr 26, 2010 01:41 IST
The Bombay High Court has paved the way for the development of a 27,567 sq m plot at Chakala on the Andheri-Kurla Road.
Last week, the high court rejecting a plea to restrain construction firm, Housing Development and Infrastructure Limited (HDIL), from going ahead with the development work.
The controversy revolves around the alleged death of the original landowner, Arjandas Meghraj Thakur.
The petitioner, Hemant Waradkar, claimed HDIL was developing the plot on the basis of false agreements.
Waradkar claimed he purchased the plot Rs. 8.75 lakh from Arjandas in November 1979 and registered the sale deed on June 3, 2004. He moved the high court last year after he discovered documents dating November 2007, which granted rights of the property to HDIL.
He sought orders restraining the company from developing the plot, saying Arjandas died three years prior to the agreements executed in favour of HDIL.
However, the firm maintained that the landowner was alive.
Waradkar even produced a death certificate issued by the municipal corporation that showed Arjandas died on June 10, 2004.
Waradkar appealed before a division bench after a single judge bench of Justice S.C. Dharmadhikari dismissed his application for interim relief last November.
Justice Dharmadhikari said, “If the plaintiff himself allows 25 years to pass before he obtains the registration of a document in his favour, in respect to such a vast tract of land, then prima facie his own version requires further probe and scrutiny.”
A division bench of Justice D.K. Deshmukh and Justice V.R. Kingaonkar too found the claim “flimsy”.
They rejected the appeal after Waradkar’s lawyer failed to provide any satisfactory explanation as to why the people claiming ownership of the plot were paying property tax for last 25 years.
The high court has, however, asked HDIL to disclose every third party that will purchase a tenement in the buildings the company intends to build on the plot, within two weeks of entering into an agreement with them.
The court asked this so as to enable the applicant to name the third parties as respondents in the pending suit.