A. H. WADIA TRUST Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Writ Petition impugns an order dtd. 9/12/2013 passed by Respondent No. 2, granting a Unilateral Deemed Conveyance of land, being Survey No.292, Hissa No.1 (part), C.T.S. No.608, 608/1 to 4, admeasuring 1246 square yards equivalent to 1041.65 square meters, situate at Village Kurla, Chunabhatti, Mumbai Suburban District ("the said land") in favour of Respondent No.3.

(2.) Petitioner No.1 is a Public Charitable Trust registered under the provisions of the Maharashtra Public Trust Act, 1950 and is admittedly the owner of the said land. Petitioner Nos. 2 to 5 are the Trustees of Petitioner No. 1.

(3.) The Petitioner No. 1 by a registered Lease dtd. 7/1/1967 granted a monthly lease of the said land to one Asharam Pardeshi ("the Lessee"). The said Lease permitted the Lessee to construct structures on the said land after obtaining the Petitioners' permission. Clause 3 of the said Lease expressly prohibited the Lessee from subletting, mortgaging, creating any third-party rights or parting with possession of the said land, without obtaining prior permission of the Petitioners. The said Lease also provided that in the event of determination of the said Lease, the Lessee would dismantle all structures, standing on the said land and would hand over the said land to the Petitioners in its original condition.