Joy Auto Works vs Sumer Builders (P) Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(SC) 627

ALTAMAS KABIR, MUKUNDAKAM SHARMA
Joy Auto Works – Appellant
Versus
Sumer Builders (P) Ltd. – Respondent

Advocates appeared:
For the Appellants :C.A. Sundram, Sr. Adv., Kavin Gulati, Ms. Ruby Singh Ahuja, Manu Aggarwal, Abeer Kumar, Maulik Karanjawala, Advocates.
For the Respondents:Dushyant Dave, Sr. Adv., Shekhar Naphade, Sr. Adv., Narayan Y. Bharati, pradeep, Rajinder Mathur, Atul Y. Chitale, Ms. Shweta Maumdar, Mrs. Suchitra Atul Chitale, Advocates.

Judgement Key Points

Certainly. Here are the key points from the provided legal document:

The owner of a land-locked plot is entitled to a right of way to access their property (!) (!) .
The land in question was divided into multiple plots following an award, with some plots earmarked for specific purposes such as roads and residential use (!) (!) .
The appellants claimed they had been granted a lease of a portion of the land and had been using motorable access for over 35 years, which was obstructed by the respondent after acquiring interest in the land (!) (!) (!) .
The courts recognized that the plot

JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. One Khatau Bhanji (hereinafter referred to as ‘Bhanji’) was said to be the owner of Original Plot No.227 measuring 4874.95 sq. yards within the city of Mumbai. The Arbitrator appointed under the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the ‘1966 Act’) passed an Award on 24.2.1962 in respect of the said plot and Original Plot No.231 owned by one Javle. In terms of the Award, Javle lost all his rights to Original Plot No.231 while Original Plot No. 227 was divided into plot No. 878 (1000 sq. yards), plot No.879 (3647 sq. yds.) and plot No. 877. By virtue of the said Award, Bhanji was given Final Plot No. 879 measuring 3647 square yards in lieu of Original Plot No.227, while Javle was given plot No.878 measuring 1000 square yards in lieu of Original Plot No.231, and Plot No.877 was earmarked for the construction of a 40 feet Development Plan Road (hereinafter referred to as ‘DP Road’).

3. The appellants herein claimed that they had been granted lease of 1305 sq. yards. out of plot No.879 on 20.10.1962 by Bhanji, which was contiguous to plot No.878, which was also under the occupation of the appellant

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2009 Supreme(SC) 627

ALTAMAS KABIR, MUKUNDAKAM SHARMAJoy Auto Works – AppellantVersusSumer Builders (P) Ltd. – Respondent

ALTAMAS KABIR, MUKUNDAKAM SHARMA
Joy Auto Works – Appellant
Versus
Sumer Builders (P) Ltd. – Respondent