BHARATIYA ADHYATMIC SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By Writ Petition No.1569 of 2016, Bhartiya Adhyatmic Society has prayed for a writ of Certiorari or writ in the nature of Certiorari seeking an appropriate writ, order or direction for quashing and setting aside order dated 20th January,2016 passed by the Chief Secretary, State of Maharashtra thereby setting aside order of grant of land bearing Survey No. 14, C.S.T. No.518, Plot No.3-A, area admeasuring 225 sq.mtrs. to the petitioner vide Government Memorandum and directing the Collector of Mumbai Suburban District to take possession of the land in question within 60 days from the date of the said order and to handover the said land to the Municipal Corporation of Greater Mumbai for further use as per the development plan.

(2.) Writ Petition No.1977 of 2016 is filed by the Chembur Multipurpose Complex under Article 226 of the Constitution of India inter alia praying for writ of Certiorari or any other appropriate writ, order or direction in the nature of Certiorari for quashing the impugned order dated 20th January,2016 and for order and direction against the respondent no.2 to hear the review application of the said petitioner on merits. The said petitioner is respondent no.5 in the Writ Petition No. 1569 of 2016. By consent of parties, both these writ petitions were heard together finally and are being disposed off by a common order.

(3.) I will first summarize the submissions made by the learned counsel for the parties in Writ Petition No.1569 of 2019 followed by the submission made by the learned counsel in Writ Petition No.1977 of 2016 and thereafter would deal with those submissions in the later part of this judgment.