DNYANDEO H JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition has been filed by the earthquake/project affected persons from Koyna claiming a plot of land in Mumbai for housing the displaced persons.

(2.) AFTER the earthquake in Koyna in the year 1967 and the construction of the dam at Koyna, several people living in Koyna were rendered homeless. Many of them migrated to Mumbai in 1967. However, on their arrival in Mumbai, it was difficult for them to find any shelter and proper housing. Therefore, after a period of fifteen years, i. e. on 7th September, 1982, petitioner No. 1, who was one such displaced person, applied to the Mamlatdar, Borivali for allotment of a plot of land in order to construct a building where all these persons who proposed to form a Co-operative Housing Society could accommodate themselves. The petitioners also addressed an application to the Additional Collector, Bombay Suburban District, requesting him to allot a plot of land. The Additional Collector replied to this letter on 7th January, 1983 informing the petitioners that their application had been sent to the Tahsildar, Borivali for inquiry. The petitioners were further directed to provide such information as would be required by the Tahsildar to complete the necessary formalities. At this point of time, the petitioners claimed a plot of land admeasuring 4000 sq. yds. from Survey No. 144, Mouje Vajera, T. P. S. No. III, Borivali (West). The petitioners also met the then Chief Minister and requested him to consider their application. It is the claim of the petitioners that the Chief Minister directed the authorities to treat their case as a special one. The Additional Collector informed the Secretary, Revenue and Forest Department, that there was no objection for allotment of a plot of land to the petitioners except the portion which was to be used for road widening as per the development plan. The petitioners again requested the then Chief Minister for approval for allotment of land. Thereafter, they received a letter from the Revenue and Forest Department informing them that a report had been called for from the Additional Collector and thereafter their request for allotment would be considered. Additional documents which were required by the Collector were furnished by the petitioners. The petitioners at that stage also stated that they were willing to accept whatever area was available in the survey. The petitioners on 6th February, 1984 also furnished necessary proof in accordance with the policy prevailing at that point of time showing that 20% of the members of the proposed society belonged to the backward classes. The petitioners claimed that they pursued the matter with the Revenue and Forest Department as also with the Chief Minister but their efforts were of no avail. The petitioners thereafter learnt that the plot which they were trying to obtain for themselves was reserved for the Power Station of Bombay Suburban Electricity Supply Limited. However, on representations being made by the petitioners to the Chairman of the Development Committee of the Municipal Corporation of Greater Mumbai, a plot of land admeasuring 2500 sq. mtrs. was released. In 1986, the petitioners requested the Revenue Minister for allotment of this 2500 sq. mtrs. in favour of their proposed society. However, no allotment was made in favour of the petitioners. In the meantime, encroachers settled in illegal and unauthorised huts on the plot of land which the petitioners were claiming for constructing the proposed society. On 18th October, 1997, the Revenue and Forest Department informed the petitioners that the plot of land in question had been allotted to another society and, therefore, the request of the petitioners could not be considered.

(3.) THE petitioners have, therefore, filed this writ petition for a writ of mandamus against the respondent Nos. 1 to 5 directing them to allot the plot of land bearing Survey No. 144, T. P. S. No. III, Borivali Final Plot No. 365 admeasuring 2500 sq. mtrs. to the proposed Koyna Co-operative Housing Society.