BOMBAY HIGH COURT
Pratap, J
Bal Kalyani and Others v. State of Maharashtra and Others
Writ Petition No. 2085 of 1989 | Writ Petition No. 1754 of 1989
1. What the case is about :
Malabar Hill of Bombay is well - known all over the world and for very long time. Bombay's general transformation into a nineteenth century urban metropolis did not spoil it much. A guide - book of 1865 remarks :
"The drive from Malabar Hill to Chowpatty along the foot of the cliffs is very pretty. The steep banks are covered with foliage ..............."
Even by 1982, that area, by and large, preserved its earlier form. That was how someone who had taken pains to study the history and geography of Bombay felt. He stated :
"Today that, atleast, has not changed. There is still a shanty - town there, clinging tenaciously to some of the most valuable land in the world............".
(See, Gillian Tindall - 'City of gold', 1982, page 243)
2. This litigation concerns that most valuable land. 'Rocky Hill' is an enclave in Malabar Hill. Some area is occupied by the flats constructed therein. They are inhabited by Judges and Ministers, mostly by Judges. The land has been in possession of the Public Works Department from 1909 onwards. In the prosaics of the Revenue Department, it is an area comprised in City Survey No. 211 of Malabar Hill Division.
3. There are two Writ Petitions, one on behalf of an applicant who runs a small school 'Balkalyani' for young children in a plot in that very area (Writ Petition No. 2085 of 1989), and the other by 'Save Bombay Committee' - a public interest group (Writ Petition No. 1754 of 1989).
4. We shall, now, attempt a narration of the material facts and events, in their chronology.
A MERE NARRATIVE OF FACTS AND EVENTS :
5. The operations commence by the middle of the year 1986. Mr. V. Ranganathan, IAS, (in the Super Scale Class I Category) came to Revenue Department in its Relief and Rehabilitation Section. He had additional charge of Revenue from 1-9-1988 to 1-2-1989, when he was transferred to Rural Department. The first application for allotment was made by Mr. Ranganathan, Revenue Secretary and Promoter of a Co - operative Housing Society in formation, on 26-6-1986. It may be noted that without even registering a Society, scouting for a plot was started by a top official in the Revenue Department which is in charge of the allotment of land. (The Society comes into existence only two years later, on 5-9-1988.)
6. The application was for a different plot in Wodehouse Road. Even in 1985, the eminent Scientist, Dr. Raja Ramannah had made an application for a plot there for the Scientific community. That had been turned down. The application of the IAS Officers had to share the same fate as regards that plot when this information was conveyed by the Collector to the Government.
7. The application for the present site was soon thereafter filed on 25th July 1986. It may be emphasised that the application was from V. Ranganathan, Chief Promoter, Proposed Co - operative Housing Society for Government servants, C/o. Secretary (Relief and Rehabilitation), Revenue and Forests Department. While the earlier application for land in Fort Area was for 2014 sq. metres, the area demanded in Malabar Hill was much more". Every member, under the G. R. was entitled to a maximum carpet area of 1076 sq. feet. The number of members, 19, mentioned in the application would not be sufficient for justifying the demand of the greater area. The Collector., solicitously enough, therefore, requested Mr. Ranganathan by his letter dated 5-8-1986 to forward the names of additional members so as to enable his office to take further action in the matter, A list was, with extreme despatch, forwarded by one Chandra Iyengar representing the Chief Promoter. The list was incomplete. Consequently, the letter assured :
"One membership in the reserved categories will be indicated subsequently."
(There is no indication in the files, of the furnishing of the information before the Collector proceeded further in the matter.) The Collector submitted his detailed report on 19-8-1986. The Collector pointed out that the property beari
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