TANZIMUL MUSLIMIN SOCIETY SANPADA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) HEARD the learned counsel appearing for the Petitioner, the learned counsel appearing for first Respondent and the learned AGP for second to fourth Respondents. We have also heard the learned counsel representing the Applicants in Civil Application No.1591 of 2014. By order dated 30th April, 2014, the parties were put to notice that this Petition will be disposed of finally at the stage of admission and accordingly, time was granted to file a reply till 10th June, 2014. Only the first Respondent has filed a reply.

(2.) BY letter dated 7th August, 2012, the City and Industrial Development Corporation of Maharashtra Limited (for short "CIDCO") allotted a plot of land bearing 17A (for short "the said Plot") admeasuring 699.97 square meters in Sector 8, Sanpada, Navi Mumbai to the Petitioner for setting up a mosque. The terms and conditions of allotment of the said plot on lease were set out in the said letter of allotment. There is a separate letter issued on 21st August, 2012 issued by CIDCO to the Petitioner confirming the allotment. By the said letter, the schedule for payment of premium was set out and miscellaneous charges of Rs.41,499/ were demanded. The terms and conditions of allotment were annexed to the said letter. We must note here that by a Resolution No.10008 passed by the Board of Directors of the CIDCO in a meeting held on 1st December, 2008, approval was granted for allotment of the said plot on lease to the Petitioner. The State Government granted approval on 2nd April, 2012. These facts are recorded in the letter dated 17th May, 2012 addressed by the CIDCO to the Petitioner. The Petitioner is relying upon a letter dated 24th December, 2012 addressed by it to the Managing Director of CIDCO which records that the entire amount of premium of Rs.65,60,331/ and miscellaneous charges of Rs.41,499/ have been deposited by the Petitioner with the CIDCO. The contention of the learned counsel appearing for the Petitioner is that notwithstanding the payment of the entire amount, the first Respondent has not placed the Petitioner in possession of the said plot. His submission is that only because of the opposition by some political parties that the first Respondent CIDCO is not handing over the possession of the said plot to the Petitioner. Therefore, a Writ of Mandamus is prayed for directing the first Respondent to execute necessary agreement and to place the Petitioner in possession of the said plot.

(3.) THE learned counsel appearing for the first Respondent did not dispute that the allotment of the said plot was made to the Petitioner. He has relied upon a letter dated 25th September, 2012 issued by the Senior Inspector of Poilce, Turbhe Police Station to the CIDCO. He pointed out that the said letter records that if after allotment of the said plot, a Masjid is erected thereon by the Petitioner, there will be a serious outbreak of law and order situation in future. He pointed out that the Applicant in the Civil Application for intervention also made a representation to the CIDCO on 25th September, 2012 praying for reconsideration of the said decision. He placed reliance on a letter dated 15th January, 2013 addressed by the Managing Director of CIDCO to the Commissioner of Police, Navi Mumbai for seeking guidance. He has relied upon a letter dated 31st January, 2013 addressed by the Commissioner of Police to the Managing Director of CIDCO in which it was stated that the Commissioner of Police has sought advise from the State Government. He also invited our attention to what is set out in the affidavitinreply of CIDCO and in particular paragraph 13 thereof. He submitted that as the CIDCO is awaiting the guidance from the Commissioner of Police, steps have not been taken for handing over possession of the said plot to the Petitioner especially in the light of the fact that earlier letters of the Police show that a law and order situation is likely to be created. The learned AGP has not received any instructions and there is no reply filed by the State Government.