FRANCIS JOHN QUINNY Vs. MUNICIPAL COMMISSIONER, MCGM

JUDGEMENT

(1.) This petition under Article 226 of the Constitution primarily raises a dispute in regard to the rights in regard to the land bearing CTS no.2776/B, 2776/D, village Dahisar in Mumbai (for short 'the said land') on the basis of entries as made in the revenue records. On such plea the petitioners interalia assail the development of the said land being undertaken by respondent no.4-Vaishali Nagar Co-operative Housing Society (for short 'the said society'), by appointing developers M/s. Arkade Associates (respondent no.5).

(2.) Petitioners claim to be the successors-in-title and interest of one Louis Francis Misquita - owner who expired on 14 March 1971 ('the deceased'). They contend that the name of the deceased was entered in the record of rights pursuant to an order dated 24 November 1962 passed in the revenue proceedings being RTS WS 1519. It is contended that accordingly a mutation entry No.2974 was made in favour of the deceased in regard to the said land. The petitioners contend that also proceedings were initiated under the Bombay Tenancy and Agricultural Lands Act,1948, in which an order was passed on 8 July 1970, by the Tahsildar, to the effect that the deceased was confirmed as the owner in respect of 16 different properties including the land in question. On the death of the deceased-Louis Francis Misquita, the name of his wife Marceline Louis Misquita was entered in the record of rights under mutation entry no.6328. However, for some reasons, name of the daughter of the deceased Lalitha Goretti was not entered. The petitioners state that Marceline Louis Misquita - wife of the deceased also expired at Bombay on 16 July 1988 leaving behind her daughter Lalitha Goretti, as her only legal heir and representative. Lalitha married petitioner no.1 in the year 1979 and petitioner nos.2 to 4 are all children of petitioner no.1 and Lalitha. Lalitha too expired on 9 February 2015 hence the petitioners are the only legal heirs and representatives of Lalitha and have also obtained Letters of Administration by filing Testamentary Petition no.3051 of 2018, as granted by this Court by an order dated 10 July 2019. The petitioners are accordingly claiming rights in respect of the said land which they say devolved upon Lalitha, which are being espoused in the present petition.

(3.) The cause of action for the petitioners to file the present petition is in pursuance of the knowledge the petitioners received some time in August 2020 that respondent no.4- Vaishali Nagar Co-operative Housing Society has obtained a construction commencement certificate, under a proposal bearing No.CHE/7155/BP (WS)/AR on 26 November 2015 in respect of the said land, for construction of building no. 11 which is not of the ownership of respondent no.4-Society, but of Lalitha's ownership. The petitioners thereafter undertook search and obtained documents from the Municipal Corporation, and have come to know that respondent no.4 had put up a proposal for sanction with the municipal corporation on 4 May 1987 claiming to be the owners of the property being CTS no.2776. They contend that it is revealed from the documents of the said application that a statement was made in the said proposal that Marceline wife of Louis Misquita was the individual owner of the said land, as also it was also claimed that an exemption under the provisions of the Urban Land Ceiling Act was also obtained on 11 August 1979, in the name of Marceline Louis Misquita. It is thus contended that there is nothing to show that respondent no.4 is the owner of the land bearing CTS no.2776. It is on such premise claiming rights in respect of these lands, the petitioners have approached this Court by making following substantive prayers:-