MANI D SEERVAI MS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN the above writ petition, the petitioners are challenging the Third variation of Town Planning Scheme, being Santacruz Town Planning-II, which variation was notified on 8th July, 1998 and finally the same was sanctioned on 22nd September, 1999.

(2.) THE brief backdrop of the case is that on 1st October, 1922 the Santacruz Town Planning-II scheme came into force. At that time Dorabji Pestonji Seervai was the original owner of Plots 77-C and 78-B, admeasuring approximately 54. 633 sq. yards. It appears that in the year 1944, by way of first variation to the said scheme the said Dorabji Pestonji Seervai was allotted final Plot Nos. 94 and 83 in place of the original Plot Nos. 77-C and 77-B. In or about 1943, Plot No. 83 came to be sub-divided viz. Plot Nos. 83-A and 83-B. Plot No. 83-A admeasuring approximately 13,712 sq. mtrs. was sold to the Chinais and Plot No. 83-B admeasuring approximately 13. 719 sq. mtrs. was retained by the said D. P. Seervai.

(3.) THEREAFTER, it appears that in or about 1952-53 the aforesaid Plot No. 83-B was sub-divided into 8 plots, viz. Plot Nos. 83-B/1 to 83-B/8. The petitioner Nos. 1, 2, 7 and 10, the late Jehangir D. Seervai, the late Nusserwanji D. Seervai and the late Fredun D. Seervai are the daughters and sons of the said D. P. Seervai, hereinafter called "the said Seervais". Out of the aforesaid 8 plots (from Plot No. 83-B), each of the aforesaid sons and daughters individually owned one plot each of the seven plots, and the eighth plot was owned jointly. The said 8 plots are referred to as "the petitioners said plots".