The Indian Air Force (IAF) failed to get any relief from the Bombay high court on Monday where it had sought restrain on developer, Shivalik Ventures, who has constructed six out of nine buildings on defence land at Golibar, Santacruz.
Justice BR Gavai, while refusing to grant relief to AIF, has admitted the appeal filed by the IAF challenging the order of the city civil court at Dindoshi. However, the court has asked the city civil court to expedite the hearing in the suit filed by IAF.
The city civil court on April 12, 2010, dismissed the application filed by the IAF seeking restrain on Shivalik Ventures from going ahead with construction and creating third party interests in the land and the buildings.
On Monday, IAF’s advocate SR Rajguru argued that the matter required investigation and further construction should be stayed. Joaquim Reis, counsel for Shivalik Ventures, told the court that six buildings had already been constructed.
Saying that IAF had no right in the property, Reis argued that there had been encroachment for the past 50 years. Since the rehabilitation scheme was sanctioned, 1,100 slumdwellers have been cleared. Also, Reis said that IAF owned the adjoining property.
According to IAF’s appeal, it owns the land on Survey No 387 admeasuring 12.2 acres.
The Defence Department had acquired the land by three different notifications in 1898, 1903 and 1906 and was handed it over to the IAF in 1964.
However, in the revenue records it was transferred in 1971 to MHADA without any notice to the Defence Department. In 2006, Mhada sanctioned rehabilitation scheme of Shivalik Ventures and granted permission to construct nine buildings.
As there were encroachments on its land, IAF started correspondence with the Maharashtra government for getting the same removed. In 2003, the government asked the IAF to pay Rs 5.22 crores for rehabilitation of the encroachers.
According to the IAF, Shivalik Ventures started construction in 2009. Between January 2010 and March 2010, IAF filed three complaints with the police station asking them to register an FIR.