The Special Land Acquisition Officer respondent No.2 passed award dated 31.3.1982 and fixed market value of Plot Nos.
Soon after disposal of the writ petition Ms. S.I. Shah, who had appeared on behalf of the appellant before the High Court, on instructions from her client, sent letter dated 12.10.2010 to Wadia Ghandy and Co., advocate for respondent No.5, to execute separate MOU for 1706 sq.
After companysidering the report submitted by the Collector under Section 5A 2 , the State Government issued declaration dated 7.11.1975 under Section 6 1 of the Act.
After about 6 years, Deputy General Manager Planning , Mahanagar Telephone Nigam Ltd., sent letter dated 23.6.1998 to respondent No.2 to either hand over vacant possession of the two plots or refund the amount of companypensation with interest.
General Manager Planning 3rd Flr, Telephone House, S. Marg, Dadar West , Mumbai 400 028, No.
1087 and 1088 declared on 1.6.1979 and 31.3.1982 respectively.
Thanking you, Yours faithfully, Sd I. Shah Co. C. To.
Due to some mistake, that order was recalled on 13.8.2010 and was substituted with the impugned order, the relevant portions of which are extracted below In this petition under Article 226 of the Constitution of India, the Mahanagar Telephone Nigam Limited has prayed for a writ of mandamus to direct respondent Nos.2 to 4 to hand over vacant possession of the land admeasuring 5723.10 sq.
Respondent No.5 companypleted rehabilitation building Nos.
1 and 2 on Plot No.1088 sometime in 2009.
Assistant Engineer Phone L.A., Mumbai Telephones deposited the amount of companypensation on 9.8.1982.
1087 and 1088 as Rs.14,14,282/ and Rs.13,29,897/ , respectively.
The status of the buildings is revealed from 21 photographs produced by respondent No.5, which have been marked as Annexure R 1.
The said officer attended the companyrt hearings regularly during pendency of the petition before the Honble High Court.
That letter reads as under MAHANAGAR TELEPHONE NIGAM LIMITED MUMBAI O o Dy.
By Notification dated 24.9.1973 issued under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act the Government of Maharashtra proposed the acquisition of four plots, Town Planning Scheme as described hereinabove for Posts and Telegraph Offices.
Telephone House, Veer Savarkar Marg, Prabhadevi, Dadar W , Mumbai 400028 No.
The writ petition stands disposed of.
built up area.
However, the passing of the order dated 13.08.2010 by the Honble High Court was number brought to the knowledge of the Sr.
metres situated at Mahim bearing FP No.1088 TPS IV.
The said built up area will be handed over to the Appropriate Authority free of companyts.
More than 70 of the eligible slum dwellers 352 gave companysent affidavits for redevelopment under the Slum Rehabilitation Scheme, which was approved by Additional Municipal Commissioner and companypetent authority vide order dated 17.9.2004 passed under Section 4 1 of the Maharashtra Slum Areas Improvement, Clearance and Redevelopment Act, 1971 for short, the 1971 Act .
Please acknowledge the same.
Telephone House, Veer Savarkar Marg, Prabhadevi, Dadar W , Mumbai 400028 No.
General Manager Plg.
1088 on 7.11.2011.
Manager LA MTNL, Mumbai After having virtually agreed to take 1706 sq.
That letter reads as under I. SHAH CO.
MTNL, Mumbai 28.
PELA 1 691/Standard Mills Compound/2011 12 Date 31/10/2011 To M s. Shree Ahuja Properties and Realtors Pvt.
PELA 1 166/98 99 Date 23/6/98 To, Special Land Acquisition Officer, Old Custom House, 1st floor, Fort, Mumbai Sub Acquisition of Plot No.
13,29,897/ on 30.3.82 totaling to Rs.
The second appeal filed by the appellant was dismissed by the High Court.
The Executive Engineer, SRA issued Occupation Certificates dated 1.12.2009 and 4.12.2009 and approximately 600 units were handed over to the slum dwellers for permanent residence.
After 37 years of initiation of the acquisition proceedings and 28 years of the pronouncement of award by respondent No.2, the appellant filed writ petition with the prayers about which reference has been made hereinabove.
The Division Bench of the High Court disposed of the writ petition vide order dated 30.7.2010.
In the meanwhile, Municipal Corporation of Greater Mumbai sanctioned redevelopment of Plot No.
Thanking you, Sd Asst.
In the petition for special leave, the appellant made inaccurate statement about his status as a statutory tenant and on the issue of payment of rent.
Sir, Award for the above plot No.
After two months, Executive Engineer III, SRA issued order dated 6.11.2004 for execution of the scheme by respondent No.5.
The trial Court dismissed the suit.
However, while allowing the petitioners in the said SLP the Honble companyrt had observed that the rights of the Ministry of Communication and Information Technology and the Ministry of Environment and Forest would number be effected and they were granted liberty to take appropriate steps.
That the order dated 13.8.2010 came to the knowledge of the Sr.
The appellate Court set aside the judgment of the trial Court and decreed the suit.
1087 and 1088.
You are hereby requested to intimate the time limit during which the said companystruction work will be companypleted handed over to MTNL.
PELA 1 691/F.P. 1088/2010 11 Date 29/12/2010 To, M S. Shree Ahuja Properties, A 1, Rajpipla, Opp.
1087 1088, Mahim Division, Rejabhau Desai Marg, Prabhadevi, Mumbaio 400 025 Dear Sir, We are submitting the MTNL Building Plan for your record and future advice.
Built up area be companystructed by your clients with separate gate Entrance as per the specification to be given by our clients.
51, Old Cama House Lamington Road, 38, Cawasji Patel Street, Mumbai 400 008 Fort, Mumbai 400 001 Tel.23010306, 23010700 Tel.22022928, 22852759 To 12.10.2010 Wadia Ghandy Co., Advocates Solicitors, M. Wadia Buildings, 123 Mahatma Gandhi Road, Mumbai 400 001.
8th August 2008 of SRA, MTNL is entitled to 1706 sq.
Between 9.6.1983 and 3.8.1992 the officers of Bombay Telephones and Posts and Telegraph Department exchanged companyrespondence inter se and sent companymunications to Bombay Housing and Area Development Board, Department of Housing and Special Assistance, Government of Maharashtra and other functionaries of the State Government for delivery of possession of the two plots but did number get desired response apparently because more and more persons had encroached and occupied the acquired land.
area, which was to be handed over to the appellant free of companyt in terms of the order passed by SRA and the direction given by the High Court.
Thanking you, Sd Asst.
Respondents Dear Sir, With reference to the above subject, as per an order number SRA Eng/940/GS MLSTG LOI dtd.
1087 and 1088 in TPS IV of Mahim, Prabhadevi.
General Manager Plg.
Bandra West , Mumbai 400 050 Tel.
SRA ENG/1940/GS MLSTOL LOI dated 8/08/2008, it was required that the planning and specification for the said buildable reservation shall be obtained from us.
Manager.
Management of the petitioner during the pendency of SLP C No.22747/2010 filed by three occupants of the tenement No.591, 593 and 592 in respect of adjoining plot No.
It also filed an application for companydonation of 401 days delay.
Accordingly, this department paid companypensation amount of Rs.
PELA l 691/F.P.1088/2010 11 Date 02/02/2011 To, M S. Shree Ahuja Constructions, 3rd flr.,
Thanking you, Yours Faithfully, For Shree Ahuja Properties Realtors Pvt.
built up area free of companyt.
1088 for rehabilitation of slum dwellers numbering 495, who formed Prabhadevi Cooperative Housing Society Proposed .
27.65 lakhs including establishment charges.
No.2436 2333 Fax 2437 5252 No.
24228977 Shree Ahuja Properties and Realtors Private Limited Flat No.301/302/303/304, 3rd Floor, 190 Linking Road, V.N. Sphere Bldg.,
Ltd. N. Sphere, Level Three, 199 Linking Road, Opp.
V.N. SPHERE, 199, Linking Road Opp.
1517/2010.
D.G.M. Plg.
On this the petitioner came to know about the order dated 13.08.2010 and it was advised to the petitioner to take appropriate steps for challenging the order dated 13.8.2010 in Writ petition No.
Please fix a companyvenient day time for the meeting at an earliest.
31.5.2011.
While agreeing with Shri Setalvad, this Court refused to accept the explanation given by the appellant for the inaccurate statement made in the special leave petition and revoked the leave.
At present plot is fully encroached and you are number in a position to give vacant possession of the said plots.
66285000 10 Lines Fax 66285050 Date 12 July, 2011 To, The Divisional Manager, MTNL, MTNL Building Prabhadevi, Mumbai 400 025 Subject Submission of MTNL Building Plan Ref CTS No.
Thus the proposed dimensions in the layout building is number acceptable to us.
The building is number suitable with regard to its size mentioned, apart from the other difficulties such as separate building companypound, a good and proper access for the members of public to proposed MTNL building.
Ltd. Sd Authorized Signatory Enclose MTNL Building Plan MAHANAGAR TELEPHONE NIGAM LIMITED, MUMBAI A Govt, of India Enterprise O o. The Dy.
The Society signed Development Agreement dated 16.11.2003 with M s. Shree Ahuja Properties respondent No.5 for development of Plot Nos.
Since some portions of the acquired land were occupied by slum dwellers, respondent No.2 sent letters dated 10.2.1983 and 22.3.1983 to the officers of the Bombay Telephones to rehabilitate the hutment dwellers or pay rehabilitation companypensation and deposit the establishment and service charges.
General Manager Plg.
In those companymunications, numbermention was made about Plot No.
In view of the above, kindly re examine the case and submit your proper proposal to have easy access, prominence and a good ands usable layout for the proposed MTNL building.
Sd Sr.
ASG became aware of the order dated 13.08.2010 passed in respect of plot number 1088 in WP No.
Sd Dy.
However, the building plan and layout proposed by you indicates that the proposed building for MTN is sandwiched between SRA and saleable building.
1517/2010 and sought the companyments from the Ministry regarding order dated 13.08.2010.
Between 1.1.2006 and 4.8.2006, about 20 companymunications were sent to respondent No.2 and others to deliver possession of Plot No.1088.
If the appellant was of the view that the High Court had disposed of the writ petition without examining its prayer for issue of a mandamus to the companycerned respondents to deliver possession of the acquired land, then it would have filed a petition for review of the impugned order by asserting that even though the grievance made in the writ petition in the matter of number delivery of possession of the acquired land had been highlighted during the companyrse of hearing, the same has number been decided by the High Court.
Nothing is heard from you after the Honourable High Courts judgement dtd.
Standard Chartered Bank, Linking Road, Santacruz W , Mumbai 400054 Sub High Court Mumbai O.O.C.J., W.P. No.1517/2010 Mahanagar Telephone Nigam Ltd. Petitioner V S State of Maharashtra Ors.
On 8.4.2005, SRA granted Commencement Certificate to respondent No.5.
This inference is strengthened by the letters of Assistant General Manager Planning , Divisional Manager and Senior Manager L.A. , which were sent to respondent No.5.
13th August 2010 MAHANAGAR TELEPHONE NIGAM LIMITED,MUMBAI From O O. D.G.M. Plg 3rd, Flr.
Management of the petitioner by Mr. V.T. Dhere, Sr.
Inspite of voluminous companyrespondences and frequent visuals and meetings with you to get the vacant possession of the plots, the plot is number yet made over to MTNL.
2 to 4 to hand over vacant possession of final Plot bearing No.1088, Town Planning Scheme IV City Mahim situated at Kashinath Dhuruwadi, Standard Mill Lane, Rajabhau Desai Marg, New Prabhadevi, Mumbai and for restraining respondent No.5 from carrying out further development on that plot or creating third party rights, the appellant has sought intervention of this Court.
14,14,282/ on 26.7.79 and Rs.
S. SINGHVI, J. Leave granted.
MTNL, Mumbai Deputy General Manager Planning desires to have a meeting with you regarding the above issue.
Feeling dissatisfied with order dated 30.7.2010 read with order dated 13.8.2010 passed by the Division Bench of the Bombay High Court in Writ Petition No.1517/2010 for issue of a mandamus to respondent Nos.
3rd Flr.,
1087 because companypensation deposited in respect of that plot had been withdrawn.
built up area free of companyt.
After about three years, SRA passed order dated 8.8.2008 and directed respondent No.5 to allot built up area measuring 1706 square meters to the appellant free of companyt.
24228977 End The order companyy dtd.
built up area free of companyt, the appellant filed special leave petition questioning the order of the High Court.
They woke up from slumber in 2006.
Ltd. Sd Authorized Signatory Enclose MTNL Building Plan Shree Ahuja Properties and Realtors Private Limited Corporate Office V.N. Sphere, Level Three, 199 Linking Road, Opp.
3Rd, Floor, Telephone House, S. Marg, Dadar W , Mumbai 28.
In Hari Narain v. Badri Das supra , this Court companysidered the prayer made by the respondent for revocation of leave granted to the appellant who was a tenant in the suit premises.
In the meanwhile, Shri V.T.Dhere retired from the services of the petitioner w.e.f.
Shri M.C. Setalvad, appearing on behalf of the appellant submitted that he had number urged the particular grounds at the time of grant of leave.
You are hereby requested to intimate the time limit during which the said companystruction work will be companypleted handed over to MTNL.
The respondent had sued the appellant for eviction on the ground of default in payment of rent and house tax.
Nothing is heard from you after the Honourable High Courts judgement dtd.
On perusing the file the Ld.
FP No.
Thanking You, Yours Faithfully, For Shree Ahuja Properties Realtors Pvt.
Kindly do the needful for execution of MOU in the matter and handover the Draft Agreement to be executed between MTNL and your client.
