JUDGMENT :

R.N.Laddha, J.

Rule. Rule made returnable forthwith. Respondents waive service. At the instance and request of the learned Counsel for the parties, heard finally.

2. This petition has been filed by the Petitioner, who claims that the Final Plot No.190 situated at Nanda Patkar Road, Vile Parle (East),Mumbai, was allotted to him on account of having acquired earlier plot bearing CTS No.1582 (1 and 2), Survey No.117, Hissa No.24, admeasuring 606 sq.yds. at Shradhhanand Road, Vile Parle (East) Mumbai, which he had purchased from Mr Bhagat Singh Shankarbhai Solanki by registered Sale Deed dated 30.09.1985. The Petitioner is seeking the following reliefs by this petition.

“(a) Rule be issued. Records and proceedings of this case be called for.

(a-1) That this Hon’ble Court be pleased to quash and set aside the deemed conveyance duly executed by the respondent No.6 herein dated 23.11.2023 thereby holding that respondents No. 7 and 8 herein do not have any authority in law to carry out any further work of re-development in respect of Final Plot No.190 of TPS No.V, Nanda Patkar Road, Vile Parle (East), Mumbai-400057 on account of having allotted the said plot to the Applicant herein in view of having acquired Applicant’s Original Plot No.1582 (1 and 2) admeasuring about 606 sq.yds., situated at Shradhhanand Road, Vile Parle (East), Mumbai- 400057 for road widening.

(a-2) This Hon’ble Court be pleased to declare that Respondent No.6 herein has exercised his power arbitrarily and without rule of law and accordingly necessary action be initiated against the said respondent and he be directed to make the payment of compensation to the Applicant herein for having caused untoward suffering by way of executing so called deemed conveyance dated 23.11.2021.

(b) This Hon’ble Court be pleased to issue the writ of Certiorari, order directions or any other directions or appropriate writ in the nature of Certiorari calling for records and proceedings in respect of Final Plot No.190 in respect of which work of redevelopment is being carried out by the Respondent Nos.7 and 8 in connivance with the Respondents herein after perusing the legality, propriety and correctness of the entire decision in question taken by the respondents herein by way of executing the deed of deemed conveyance and granting permission for carrying out the redevelopment work by the respondent nos.7 and 8 herein having a regard to the entire matter, this Hon’ble Court be pleased to declare that the respondents No.7 and 8 herein are not authorised persons to carry out any work of a construction on the land of the Final Plot No.190 under any guise thereby encroaching upon the rights of the petitioner as enshrined under Article 300 A of the Constitution of India and the said construction in question if any, carried out during the course of the time be declared as unauthorised construction thereby demolishing the same so that in the near future petitioner will be entitled to carry out further work of construction, if warranted.

(c) Pending the hearing and final disposal of this petition, this Hon’ble Court be pleased to issue an order of mandatory injunction directing the respondents herein not to take any coercive steps thereby encroaching upon the petitioner’s right to property insofar as Final Plot No. 190 is concerned and this Hon’ble Court further be pleased to issue necessary directions to the Respondents herein to hand over the physical possession of the final plot No.190 forthwith;

(d) Any other equitable and suitable order be kindly passed in favour of the petitioner only;

(e) This petition be allowed with costs.”

(sic)

3. The Petitioner claims to have purchased a plot of land located in Vile Parle (East), Mumbai, with Final Plot (FP) No.190. According to the Petitioner, the land was bought through a Deed of Conveyance on 30.09.1985 and is identified as CTS No.1582(1, 2 and 3), Survey No.117, Hissa No.24, admeasuring 606 sq.yds. on Shradhanand Road, Vile Parle (East), Mumbai