NARINDER BHASIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In view of the request made by the Learned AGP, the Additional Collector, Encroachment and Removal, Western Suburban, is allowed to be joined as party Respondent No. 11 to the above Writ Petition. Necessary amendments to be carried out by 22.07.2021. Re- verification is dispensed with.

(2.) As recorded in our Order dated 06.07.2021, the Petitioner has annexed a copy of the Memorandum of Understanding ('MOU') dated 31.10.2019 executed by and between Respondent Nos. 4 to 6 and 10 on the one hand and Respondent Nos. 7 and 8 on the other, to the above Writ Petition. Under the said MOU, Respondent Nos. 4 to 6 and 10 who are the sellers, agreed to sell approximately 15 gunthas of open land bearing Survey No.163, CTS No.1809 (Part), situated at Shanti Nagar, Master Wadi, Near Aadi Ankit Bungalow, Madh Island, Malad (W), Mumbai - 400 061, Revenue Village Erangal, Taluka, Borivali, Mumbai Suburban District (which is Government Land) to Respondent Nos.7 and 8 (who are the Purchasers,) for Rs.1,50,00,000/- (One Crore Fifty Lakhs only). In the said MOU, it is recorded that upon execution of the said MOU, Respondent Nos.7 and 8 / purchasers have paid part consideration of Rs.10 Lakhs to Respondent Nos.4 to 6 and 10 / sellers. Since the land with regard to which the said MOU was executed, is admittedly Government Land, this Court, recorded in its Order dated 06.07.2021 that the matter is of a serious nature and turned to the Learned AGP for an answer as to how land belonging to the Government is allowed to be sold/purchased interse between private parties. Learned AGP informed the Court that though he has written a Letter to Respondent Nos. 1 and 2 as far back as on 10.06.2021, he has not received any instructions. Since all the parties to the MOU dated 31.10.2019 were not joined as parties to this Writ Petition, they were directed to be joined as party Respondents to the above Writ Petition and the matter was adjourned to 13.07.2021.

(3.) On 13.07.2021, at the request of the Respondent Nos. 4 to 6 and 10, the matter was adjourned to 15.07.2021. On 15.07.2021, the Advocate for the Respondent Nos. 7 to 9 informed us that he will only be appearing for Respondent No.9 and not for the Respondent Nos. 7 and 8. On that day i.e. 15.07.2021, the Learned Advocate Mr. Havnur had filed an Affidavit on behalf of Respondent Nos. 4 to 6 and 10. In the said Affidavit, not a whisper is made with regard to the cancellation of the MOU dated 31.10.2019. On that day i.e. 15.07.2021, the Tahsildar, Borivali was present through video conferencing and when the Court inquired as to why construction is allowed to be carried out on Government land since February 2021 (wrongly typed as 'February 2020' in the Order dated 15.07.2021), he was unable to give any answer, save and except for the standard excuse currently given by all those responsible for dereliction of their duties, that they were unable to take any action in view of the pandemic. In view thereof, on 15.07.2021, we passed the following Order:-