BEENA'S COMPUTER TYPING AND SHORTHAND INSTITUTE

BOMBAY HIGH COURT P9 (English)

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It is sought to be contended on behalf of the Petitioner that the entire land admeasuring 21,736 sq.mts cannot be conveyed in favour of Respondent Nos.1 to 3 on account of surrender of land for DP road and reservation of lands for municipal market and primary school. Dr. Saraf fairly admits that the land admeasuring 1859 sq.mtts is surrendered for DP road and lands admeasuring 158.05 sq.mtrs and 243.07 sq.mtrs are reserved for municipal market and primary school respectively. With a view to put an end to the litigation, he fairly concedes that the said three portions of land need not be conveyed to Respondent -Societies though in law the Societies may be justified in seeking conveyance of benefits flowing through the said lands. To this extent, there appears to be an error in the order passed by the Competent Authority in directing conveyance of entire land admeasuring 21,736 sq.mtrs. In fact, Dr. Saraf walks a step further and submits that in addition to exclusion of 3 portions of land surrendered for DP road and reserved for municipal market and primary school, there is certain more portion of land which is incapable of being conveyed in favour of Respondent-Societies. He has submitted that the land admeasuring 123.12 sq.mtrs has been taken over by MCGM for widening of Sahar road. Similarly, portion of land falling outside Societies’ compound admeasuring 2328.41 sq.mtrs is encumbered by slum and is not in physical possession of the society. It is submitted that societies are not interested in seeking conveyance of land admeasuring 2328.41 sq.mtrs encumbered by slum. This is how Respondent Nos.1 to 3 societies are willing to given up claims in respect of the total land admeasuring 4711.65 sq.mtrs and conveyance is insisted only in respect of land admeasuring 16584.55 sq.mtrs. The statement showing the above calculations, which is presented by Respondent Nos.1 to 3 is as under. Thus, there appears to be an error in the order of the Competent Authority in directing conveyance of entire land admeasuring 21,736 sq.mtrs and that error can be corrected by this. Thus, there appears to be an error in the order of the Competent Authority in directing conveyance of entire land admeasuring 21,736 sq.mtrs and that error can be corrected by this Court. The manner in which such correction can be effected is being discussed in the latter part of the judgment It is contended that.

It is sought to be contended on behalf of the Petitioner that the entire land admeasuring 21,736 sq.mts cannot be conveyed in favour of Respondent Nos.1 to 3 on account of surrender of land for DP road and reservation of lands for municipal market and primary school. Dr. Saraf fairly admits that the land admeasuring 1859 sq.mtts is surrendered for DP road and lands admeasuring 158.05 sq.mtrs and 243.07 sq.mtrs are reserved for municipal market and primary school respectively. With a view to put an end to the litigation, he fairly concedes that the said three portions of land need not be conveyed to Respondent -Societies though in law the Societies may be justified in seeking conveyance of benefits flowing through the said lands. To this extent, there appears to be an error in the order passed by the Competent Authority in directing conveyance of entire land admeasuring 21,736 sq.mtrs. In fact, Dr. Saraf walks a step further and submits that in addition to exclusion of 3 portions of land surrendered for DP road and reserved for municipal market and primary school, there is certain more portion of land which is incapable of being conveyed in favour of Respondent-Societies. He has submitted that the land admeasuring 123.12 sq.mtrs has been taken over by MCGM for widening of Sahar road. Similarly, portion of land falling outside Societies’ compound admeasuring 2328.41 sq.mtrs is encumbered by slum and is not in physical possession of the society. It is submitted that societies are not interested in seeking conveyance of land admeasuring 2328.41 sq.mtrs encumbered by slum. This is how Respondent Nos.1 to 3 societies are willing to given up claims in respect of the total land admeasuring 4711.65 sq.mtrs and conveyance is insisted only in respect of land admeasuring 16584.55 sq.mtrs. The statement showing the above calculations, which is presented by Respondent Nos.1 to 3 is as under. Thus, there appears to be an error in the order of the Competent Authority in directing conveyance of entire land admeasuring 21,736 sq.mtrs and that error can be corrected by this. Thus, there appears to be an error in the order of the Competent Authority in directing conveyance of entire land admeasuring 21,736 sq.mtrs and that error can be corrected by this Court. The manner in which such correction can be effected is being discussed in the latter part of the judgment It is contended that.