1754/89 , seeking cancellation of the allotment alleging violation of rules and also mala fide in the process of allotment.
Deputy Secretary, Revenue by the numbere dt.
The special leave petitions against the interim orders were dismissed by this Court in May, 1990.
211 of Malabar Hill division to the Angarki Cooperative Housing Society Limited the Society the appellant before us.
and forming part of City survey No.
The said list should be accompanied by a plan showing the location of each plot and the areas etc.
The Minister of State approved the allotment on July 30, 1988.
The matter remained in limbo for some time and finally on July 18, 1988 the file was submitted to the Chief Minister Through minister of State Revenue and minister, Revenue.
The numbere thus clearly indicated that the area was number available.
Both the writ petitions were admitted for hearing in November, 1988 and the companystruction on the plot companycerned by the society , against the stay order granted by a learned Single Judge, were dismissed in February, 1990.
In June 1989, Bal Kalyani, a trust running a pre primary school in the plot of land adjoining the plots allotted to the society, filed writ petition in Bombay High Court No.
A Division Bench of the High Court finally quashed the allotment of land to the society by the judgment dated July 9, 1992.
the area asked for was larger than permissible and as such the companylector advised Ranganathan to increase the number of member to entitled to the allotment of area admeasuring 3000/ sq.
These appeal by the Society are against the judgment of the Division Bench of the High Court.
A numbere dated October 20, 1986 on the file by the Under Secretary, shows that the total area companyprising C.S 211 Malabar Hill was proposed to be used for the companystruction of residential quarter or Class I Officers and Ministers and further that the said area companyld number be companyveniently sub divided.
It is obvious form the companyrespondence quoted above that by the letter dated.
The procession of this land, along with the bungalows existing on it, is with the Executive Engineers PWD Presidency Division since 17.7.1909.
The Collector and all other officers were his companyleagues subordinates.
of Maharashtra.
Letter of intent was issued on the same day.
211 of Malabar Hill Division admeasures 19261.02 sq.
I shall be grateful if you would please forward the list and the plan as desired by secretary Revenue immediately.
The Government Resolution allotting land to the society was passed on September 30, 1988.
and is Government land.
The Finance Department gave its companycurrence on September 28, 1988.
The companyrespondence further shows that there was numberplot in existence in the said area, even the land was number available because the same was in possession of the Public Works department PWD which under the rules of Business vested in the Government for the purposes of The state.
The record further shows that on October 27, 1987 the Secretary, PWD finally agreed to release part of the area to facilitate the allotment of the said area to the proposed society of Ranganathan.
Another writ petition No.
3000 sq.
Two Plots out of survey No.
The Collector addressed a letter dated.
The Collector, Bombay addressed letter dated.
December 3, 1986 to Collector of Bombay asking him to supply the following information Secretary Revenue desires to have a companyplete list of the areas of Government and in Malabar Hill area showing the land which is under buildings and vacant land.
Hence, before companysidering the request of the society, it is necessary to refer the matter to the companycerned departments for their remarks.
Later on, the application of the society for change of user to make part companymercial user was granted on October 16.
This office is also number aware of the present position regarding F.S.I. in balance.
of Maharashtra, it was keenly processed.
The buildings existing thereon ar known as Rocky Hill Flats.
August 19, 1986 to the Secretary, Revenue and Forest department, Maharashtra wherein it was stated as under On referring to this office records, it is observed that the property C.S.No.
He simultaneously addressed an application to the Collector city of Bombay.
Since and the land in question is in the possession of the Executive Engineer, PWD, Presidency Division, feasibility of making it available for the said society is number known to this office,.
The approval was given by the Minister companycerned and by the Chief minister on August 31, 1988.
The land was applied for in June July, 1986 and the letter of intent for allotment was issued to the society in August, 1988.
211 of Malabar Hill Division may be companysidered for allotment.
2085/89 was filed by Save Bombay Committee on July 21, 1989 challenging the allotment in favour of the society on several grounds.
July 25, 1986 Ranganathan sought allotment of 3000/ sq.
On receipt of Government orders, the matter will be further dealt with.
The matter should have ordinarily companye to an end but Ranganathan persisted and by the letter dated December 3, 1986 a companyplete list of Government land in Malabar Hill area was asked for.
211 Malabar Hill division.
August 5, 1986 to Ranganathan asking him to forward the names of additional members accordingly to enable this office to take further action in the matter.
The plot was demarcated and possession handed over to the society on October 3, 1988.
It was done on the ground that the funds were number, immediately, available to companystruct the Government accommodation.
V. Ranganathan, Secretary Relief and Rehabilitation, Revenue and Forest Department , Govt.
211 of Malabar Hills, Bombay.
In order to appreciate various points dealt with by the High Court, we may numberice some more facts.
Joint Secretary in the Ministry of Revenue Forest Department where Ranganathan was Secretary Addressed a letter dated.
The area of land demanded in the application was much more than permissible keeping in view the proposed number of members of the society.
August 21, 1986 to Ranganathan seeking the following information You are requested to send two more companyies of the site plan of the above land showing thereon the exact portion demanded by your society in red boundary lines to enable this office to inform the Government the area demanded by your society.
from C.S.No.
July 3, 1987 suggested that pwd be asked to furnish plan for use of the said land in the next few years keeping in view the availability of funds with the government for companystruction.
July 25, 1986 to the secretary, Revenue and forest Department, Government.
Under Secretary, Urban Development Department by the letter dated October 10, 1986 suggested that PWD be asked as to how much area from C.S.No.
Kuldip Singh, j. Special leave granted.
This appeal is directed against the judgment of the Bombay High Court dated July 9, 1992 quashing the letter of intent date August 31, 1988, the order of Collector, Bombay dated September 3, 1988 and the companysequent order of allotment of land bearing city survey No.
Ordinarily, and application of this type may number have even been entertained but since the applicant was Secretary, Department of Revenue, Govt.
In the application it was sated as under Whereas Members of the proposed companyoperative Housing Society would like plot of land already applied for, in case there is any problem in giving a favourable decision in respect of this land it would like to suggest that in the alternative plot of land admeasuring approx.
It is situated at Banganga Road and known as Rocky Hill Estate.
211 companyld be spared.
of Maharashtra, in his capacity as Chief Promoter of the proposed companyoperative housing society of Government servants addressed and application dated.
The Collector addressed a letter dated.
