Mhada gets interim HC relief in Borivli plot case

In an interim relief to the Maharashtra Housing and Area Development Authority (Mhada), the city civil court, last week, granted an injunction, restraining private parties from developing or creating third party rights on a plot at Magathane in Borivli (East).

In an interim relief to the Maharashtra Housing and Area Development Authority (Mhada), the city civil court, last week, granted an injunction, restraining private parties from developing or creating third party rights on a plot at Magathane in Borivli (East).

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The disputed land, measuring 1,237 sqm, which was claimed by Mhada as its own, is under the court scanner because of alleged connivance between Mhada officials and developers, who suppressed the fact that the original claimant of the land was dead.

RV Tiwari, the current owner of the plot, had moved the Bombay high court after Mhada, on January 6, 2010, proceeded to take back possession of the land from him.

The high court had the pulled up Mhada after which the board agreed to hand over the land and take appropriate steps to nullify the agreement with the original claimant, who incidentally had “encroached” upon the land.
Mhada then moved civil court seeking to quash the agreement terms entered into with the original claimant of the land, based on which the court has now granted the injunction.
In 2009, the civil court had made scathing observations against Mhada and partners of Pashupati developers, stating that the consent terms between them was nothing but a fraud and in spite of all the facts, Mhada had not taken any action to retain the land.
“The sole intention is to grab government property. It is better not to comment on how it happens,” the order had said.
In November 2010, the government had ordered an inquiry against Mhada officials who had allegedly connived with private parties to allow development on the land. The inquiry is still pending.
The court will now decide on whether to quash the consent terms so that Mhada can retain the land.