PUSHPA VASHDEV LOKWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two petitions are being decided by one common judgment and order as the petitions are revolving around the same sort of grievance echoed by the petitioners by assailing the same sort of judgment and order passed by the similar authority. In the matter of Writ Petition No. 390 of 1988 petitioners Pushpa Vashdev Lokwani and Nenumal Tejumal Pabul got a piece of land allotted to them in view of the scheme chalked out by the Government and its officers as well as the members of migrants from Pakistan in the year 1947 and on 22-2-1968. After elaborate discussion between the Ministers, Secretary and other officers on one side and leaders of such migrants from Pakistan the scheme was calked out. The open plots were given to migrants who had lost the property in Pakistan as an attempt to compensate them. They were given full ownership of those plots and were authorised to sell them to other persons on getting consideration. The learned Counsel appearing for the petitioners submitted that there was a dispute on the point whether those persons were entitled for some reasonable surrounding lands for ingress and outgress to their plots. He submitted that the Government has also allowed them to have ownership over the surrounding land for the purpose of ingress and outgress from said plots. Said extra land was also part and parcel of the original plots granted to them.

(2.) WHILE dealing with said dispute the competent authorities were required to deal with said matters. In the matter of departmental reference of 86 in the case of Writ Petition No. 390 of 1988, Secretary to Government (Relief and Rehabilitation), passed an order on 15th July, 1987. He ordered that "i have no hesitation whatsoever in holding that conveyance deed issued in favour of Smt. Sikiladibai Vashiyatmal by Smt. Pushpa Lokwani and Smt. Jankibai Nandlal Lokwani was illegal as the conveyance deed issued in favour of Pushpa and Jankibai Lokwani by Managing Officer and Assistant Administrator, Ulhasnagar Town ship vide his Order No. ADM/plot/c-2/ws/6/188 dated 29-5-1985 was treated to be cancelled. Action was directed to be taken to dispose of the land in accordance with the law within the period of three months from the date of receipt of the order". In the matter of Writ Petition No. 442 of 1988 the order passed in Departmental Reference No. 34 of 1986 by Secretary (Relief and Rehabilitation) has been assailed which indicates. "the present authority is vested with powers of Central Government. In exercise of this power, the conveyance deed issued in favour of the present respondent Shri Nenumal Tejumal Pabul by the Assistant Administrator and Managing Officer, Ulhasnagar Township by his Order No. ADM/plot/c-2/ws/4932, dated 31-5-1985 for an area of 1130-1/9 sq. yards is hereby set aside.

(3.) THE petitioners in both the petitions contended that the said orders are bad in law and contrary to the view taken by the Division Bench of this Court in two judgments (1) in the matter of (Ramchandra Gobindram Gurnani, since deceased through his heirs and legal representatives v. The State of Maharashtra and others), and in the matter of (Ramesh Tulsidar Bhatia v. The Principal Secretary and others), in Writ Petition No. 3174 of 1989 decided on 17-10-1996. In the matter of Ramchandra Gobindram Gurnanis case the Division Bench of this Court held that,it is settled law that once the property including open land vests in the allottee, it cannot be set aside under section 33 of the Act. The fresh enquiry ordered by the Secretary is wholly unnecessary. Petitioner being in possession prior to 1965, he is entitled to regularisation. In the matter of Ramesh Tulsidar Bhatias case the Division Bench of this Court held that,