JUDGMENT :

R.D. Dhanuka, J.

1. Rule. Dr.Sathe, learned Senior Counsel waives service for Respondent No.4 in both Petitions. Ms. Sagvekar waives service for Respondent No.5 in both Petitions. Mr. Patel waives service for the State. By consent of the parties, Rule made returnable forthwith and heard finally.

FACTS, SUBMISSIONS, REASONS AND CONCLUSIONS IN WRIT PETITION No. 4858 OF 2016

2. The Petitioners in Writ Petition No. 4858 have prayed for a writ of certiorari, order and/or direction for quashing and setting aside the impugned Award dated 18th February, 2016 passed by the learned Competent Authority in respect of Survey No. 84 Part (area admeasuring 723.75 sq.mtrs.), Survey No. 85 Part (area admeasuring 8850 sq.mtrs.) and Survey No. 93 (area admeasuring 540 sq.mtrs.).

3. Civil Application No.1545 of 2019 is filed by the Applicants claiming to be trustees, inter alia, praying for intervention in this Writ Petition on the ground that the erstwhile owners had transferred the writ property in the name of the intervenors’ trust and thus, any order, if passed in favour of the Petitioners would prejudice the rights of the Applicants.

4. The Petitioners have also prayed for quashing and setting aside the impugned notification dated 11th December, 2013 issued by the learned Additional Commissioner, Konkan Bhavan, Navi Mumbai under Section 126 (4) of the Maharashtra Regional Town Planning Act, (for short “MRTP Act”), 1966 read with Section 6 of the Land Acquisition Act, 1894, in respect of the Petitioners’ land out of Survey No.84 Part (area admeasuring 723.75 sq.mtrs.), Survey No. 85 Part (area admeasuring 8850 sq.mtrs.) and Survey No. 93 (area admeasuring 540 sq.mtrs.)

5. It is the case of the Petitioners that the writ properties were owned by Atmavallabh Samaj Utkarsha Trust, Paydhuni, Mumbai. The names of the Trustees, namely, Mr. Suresh Devchand Shaha, Mr. Jitendra Devchand Shaha, Mr. Atul Devchand Shaha and Mr. Jayantilal R. Shaha stood recorded in the Revenue records of Gat Nos. 84 Part, 85 Part and 93 Part situated at Tulinj, Dist: Palghar. According to the Petitioners, one Harishchandra Shankar Jadhav claimed that he was having right, title, interest and possession in respect of the writ properties.

6. On 29th March, 2006, the Petitioners and the said Harishchandra Jadhav entered into an Agreement for Sale in respect of the writ properties. Under the said Agreement for Sale, the consideration agreed between the parties was in the sum of Rs. 7,58,48,000/-. According to the Petitioners under the said Sale Deed, the Petitioners were put in possession of the entire properties.

7. It is the case of the Petitioners that the Petitioners subsequently came to know that there was a dispute between Mr. Harishchandra Jadhav and Trustees of Atmavallabh Samaj Utkarsha Trust. According to the Petitioners, the Petitioners settled the dispute with the Trustees of Atmavallabh Samaj Utkarsha Trust.

8. It is the case of the Petitioners that Mr. Harishchandra Jadhav and all the Trustees of the Atmavallabh Samaj Utkarsha Trust admitted the possession of the Petitioners about the writ properties. The possession of the Petitioners of the writ properties was alleged to have been obstructed by the third parties. The Petitioners were informed that the Trustees of Atmavallabh Samaj Utkarsha Trust, namely, Suresh Shaha and another intended to sell those properties. The Petitioners therefore filed a Suit bearing Regular Civil Suit No. 619 of 2013 before the Civil Judge, Junior Division at Vasai inter-alia praying for injunction against the Trustees namely, Mr. Jayantilal R. Shaha, Mr. Suresh D. Shaha, Mr. Jitendra D. Shaha, Mr. Atul D. Shaha and Mr. Harishchandra S. Jadhav.

9. On 30th January, 2015, the learned Assistant Commissioner, Ward C, Nalasopara, Vasai Virar Municipal Corporation issued a notice under Sections 52, 53 and 54 of the MRTP Act to the Petitioner No.1 alleging that the Petitioner No.1, had carried out illegal construction over the land bearing Su