PANDURANG TUKARAM KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard submissions at the bar. Perused copies of documents including affidavits relied upon by the parties.

(2.) By Writ Petition No. 1834 of 1996, the Petitioner prayed that respondents No. 1 and 2 be directed to allot and hand over the piece of land ad measuring 2.5 Acres out of Survey Nos. 357 and 376 situated at Chembur, Mumbai. It must be noted that this writ Petition was disposed of earlier by an order dated 05-11-1996 by a Single Judge of this Court. The order was challenged in Appeal No. 757 of 1997 decided on 09-02-2004 by Division Bench of this Court, whereby it was restored for hearing and disposal afresh in accordance with law.

(3.) The Petitioner claimed as the Chief Promoter of the proposed Co-operative Housing Society Sarnath Magasvargiya Sahakari Griha Nirman Sanstha . He claimed allotment of the plot of land from the respondent - State of Maharashtra on the ground that his application was bypassed and the application by the respondent No. 3 Society was considered. It is case of the Petitioner that Petitioner's society was established on 14-04-1981 and the Petitioner made an application dated 02-02-1983 to the Additional Collector , Old Customs House Bombay for allotment of an open plot of land. During the period between the year 1983 to 1988 lot of correspondence took place between the Petitioner and the respondents as the Petitioner had requested for allotment of the land survey Nos. 357 and 376 situated at Chembur. On 25-03-1988, the Petitoner came to know from the news item in Marathi news paper 'Navakal' that the Government has decided to allot 42 acres of immovable property including survey Nos. 337 and 370 to respondent No. 3 Society. The petitioner had filed Writ Petition 2332 of 1988. At that time the respondents No 1 and 2 pointed out that they were actively considering the allotment of Survey No. 90 at Mulund to the petitioner's Society. As a result the said Writ Petition was dismissed. The Petitioner filed an appeal against the said order being Appeal No. 15 of 1989. By interim order dated 16th October, 1989 in Appeal No 1153 of 1989 in Writ Petition 2332 of 1998, dismissed earlier was restored to the file. When appeal came up, Division Bench noted that no steps whatsoever had been taken and in fact there had been no active consideration qua the appellant at any stage. According to the Petitioner the appeal was settled between the respondent no. 3 and the Petitioner and 180 members of the Petitioner were to be absorbed in the society of the respondent No. 3 Society, by allotting 2.5 Acres of land separately and this fact was recorded in the minutes of the meeting between the Petitioner and the society of Respondent No. 3. On 26-08-1993, the order was passed by Justice A. V. Savant directing the respondent No.1 - State to consider the proposal of the Petitioner and the respondent No 3 Society. On 30-11-1993, Justice B. P. Saraf directed the respondent No. 1 - State to consider the new names of the Petitioner's Society expeditiously. 180 names were submitted by the Petitioner as members of the Petitioner's Society. On 15-09-1994, respondent No. 3 Society was not willing to absorb members of the Petitioner though earlier shown willingness to hand over possession of 2.5 Acres of land to the Petitioner's Society.