SANJIV MANMOHAN GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, Petitioners challenge order dtd. 20/8/2021 allotting a hoarding site in favour of Respondent No. 5 as well as Order dtd. 25/4/2022 passed by Minister-Revenue rejecting Petitioner's Review Application. The dispute amongst Petitioner and Respondent No. 5 is about allotment of hoarding site for display of advertisement at Government Land at CTS No.679 (Part) at Bandra, Mumbai. The State Government has allotted the said site in favour of Respondent No. 5 by Order dtd. 20/8/2021. Petitioner sought review of the said decision before Minister-Revenue which has been rejected by Order dtd. 25/4/2022.

(2.) Briefly stated, facts of the case are that Petitioner carries business in the name and style as M/s. Global Advertisers. He claims that the site at CTS No. 679 (Part) near Western Express Highway at Bandra was originally operated by the Western Railway and was allotted to Petitioner vide letter dtd. 29/12/2006. He claims that in pursuance of such allotment, a hoarding structure admeasuring 80' x 40' x 2 at the that site was erected by him for display of advertisements. That Petitioner was conducting the business of display of advertisements at the said site since the year 2007 by regularly paying license fees to the Western Railway. The size of the original structure was permitted to be increased by the Western Railways from time to time and the Petitioner increased the size to the extent of 12,400 square feet at the site.

(3.) The State of Maharashtra claimed that the land on which the hoarding site is situated, belongs to it. On account of claim raised by the State Government to the site in question, Petitioner submitted application dtd. 30/9/2011 to Collector for allotment of the said site. In the meantime, the dispute between the Railways and the State Government was resolved and it was agreed by the Railways that the land beneath the hoarding site belongs to the State Government.