HIMATLAL MAKHANLAL BADGUJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The Petition seeks wide reliefs in respect of a slum rehabilitation project. But it seeks these reliefs in respect of one plot No. 175 at Kherwadi, Bandra, Mumbai 400 050. The Petitioners say that they own or are allottees of Plot Nos. 124 to 139. They say that plot No. 175 was always allotted by the Collector but to whom and in whose name is unstated. There is no allotment document or letter. The Collector does not make allotments of land in this fashion. It is inconceivable that the land would merely be allotted without there being some terms and conditions known to law including inter alia under the Transfer of Property Act . Many lands in Mumbai are "Collector's Land" but these are almost invariably on leases with specific terms and conditions. The Petition is entirely silent on this.

(3.) It alleges that plot No. 175 was under a reservation for a public purpose, i.e., a public toilet facility for the Khatik community. Again, there is nothing on record to show this.