The Bombay High Court on Thursday ordered a detailed inquiry to determine the nature of land in the Kalyan Dombivali Municipal Corporation (KDMC) limits, which permitted a builder to construct a building on the land belonging to the Defence Ministry.
The court directed the petitioners as well as the Thane Collector to conduct the inquiry as per the order.
The bench of Chief Justice Alok Aradhe and Justice MS Karnik was hearing a Public Interest Litigation (PIL) filed by RP Pandey and others through lawyer Eknath Dhokale. Advocate Ahmed Abdi, appearing for Pandey, submitted that a large plot of land situated at village Pisavali in Kalyan Taluka of Thane district, belonged to the ministry.
The petitioners alleged that the KDMC granted permission to a construction firm, Davkhar Infrastructure Pvt Ltd, to construct a multi-storeyed building on the land in question.
After they did not receive any response from the competent authorities to their pleas, the petitioners moved the high court seeking directions for the KDMC to stop the ongoing construction and to appoint a former Judge of the high court to investigate the matter relating to the issuance of permission for construction.
The petitioners also claimed that the KDMC erred in granting permission to the said firm for construction.
Advocate AS Khandeparkar, representing the government, too submitted that the land was requisitioned initially and thereafter same has been acquired under the provisions of the Defence of India Act and compensation has been paid to the owners. Thus, the company has no authority to raise construction on the land.
However, the construction firm’s counsel, Advocate Ram Apte, submitted that the building was developed on the land on the basis of the development agreement executed with its owners.
After hearing the arguments from both sides, the bench said that the issue needed a thorough probe to determine the nature of the land.
The bench directed all the parties to appear before the Thane collector on May 8 with all the documents to stake claim on the property. “The Collector, Thane shall conduct a detailed inquiry and shall afford an opportunity of hearing to all parties and determine the nature of subject land,” said the bench.
The inquiry needs to be completed in four months, and based on its findings, the KDMC commissioner is asked to take appropriate action with regard to the grant of permission for construction to the company, the court added.
