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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.2315 of 2008

with

WRIT PETITION NO.892 OF 2013

WP NO.2315 OF 2008

Maharashtra Academy of Engineering &

Educational Research, Pune, and Others.

..

Petitioners

Vs

State of Maharashtra and Others.

..

Respondents

–

Shri P.K. Dhakephalkar, Senior Counsel along with Ms. Manisha Jagtap

i/by Shekhar Jagtap for the Petitioners.

Shri Janak Dwarkadas, Senior Counsel along with Shri Mohit Jadhav,

AGP for the Respondent Nos.1 to 6 (State).

Shri S.U. Kamdar, Senior Counsel along with Shri Ritesh Jain and Shri

Manish Parekh i/by Purnanand & Co for the Respondent No.8.

Shri A.Y.Sakhare, Senior Counsel along with Ms. Trupti Puranik for the

BMC.

--

WP NO.892 OF 2013

Mr. Behram Nowrosji Gamadia and Others.

..

Petitioners

Vs

State of Maharashtra and Others.

..

Respondents

–

Dr. V.V. Tulzapurkar, Senior Counsel along with Shri Chirag kamdar i/by

M/s.Purnanand & Co for the Petitioners.

Shri Mohit Jadhav, AGP for the Respondent Nos.1 to 4 and 6.

Shri Milind Sathe, Senior Counsel i/by Shri Shekhar Jagtap for the

Respondent No.7.

Shri A.Y.Sakhare, Senior Counsel along with Ms. Trupti Puranik for the

BMC.

--

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CORAM : A.S. OKA & A.K. MENON, JJ

DATE ON WHICH SUBMISSIONS WERE HEARD :

15TH APRIL 2015S

DATE ON WHICH JUDGMENT IS PRONOUNCED:

10TH JULY 2015

JUDGMENT ( PER A.S. OKA, J )

OVERVIEW

1.

The land subject matter of these Petitions is the land

bearing CTS No.398 (for short “the said land”), admeasuring about

2339 sq. meters situated at Tardeo in Mumbai. The said land is located

in a prime locality in Central Mumbai. In the sanctioned Development

Plan of the year 1967, the said land was shown reserved for a

Secondary School. In the sanctioned revised development plan of the

year 1991 under the provisions of the Maharashtra Regional and Town

Planning Act, 1966 (for short “MRTP Act”), which is in force even as of

today, the said land continues to be reserved for the public purpose of

Secondary School.

2.

Late Nowrosji Jehangir Gamadia (for short “the original

owner”) was claiming to be the absolute owner of the said land. The

first and second Petitioners in Writ Petition No.892 of 2013 are the

Executors and Trustees of the Estate of the original owner appointed

under the last Will and Testament of the original owner. The said

original owner through his Advocate served a notice dated 14^th August

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1993 under Sub-section (1) of Section 49 of the MRTP Act to the

Municipal Corporation for Greater Mumbai (for short “the said

Corporation) which is the Planning Authority within the meaning of the

MRTP Act for the City of Mumbai. The notice was also addressed to the

Secretary of the Urban Development Department of the State

Government. By a letter dated 21^st February 1994, the State

Government informed the Advocate for the original owner that the

purchase notice has been confirmed in accordance with Sub-section (4)

of Section 49 of the MRTP Act. On 16^th February 1995, the said

Municipal Corporation made an Application to the Government of

Maharashtra for acquisition of the said land in accordance with Sub-

sections (2) and (4) of Section 126 of the MRTP Act. A copy of the said

letter was also submitted to the Collector of Mumbai District. On the

basis of the said Application, the State Government issued a Notification

dated 25^th March 1995 in exercise of the powers under Sub-section (2)

read with Sub-section (4) of Section 126 of the MRTP Act read with

Section 6 of the Land Acquisition Act, 1894 (for short “the Land

Acquisition Act”) recording that the said land is needed for the public

purpose of a Secondary School as per the reservation provided in the

sanctioned Development Plan. It appears that on 24^th June 1996, the

Executive Engineer (Development Plan) of the