ROLLAND STANISLAUS BRITTO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, Petition is taken up for hearing and disposal.

(2.) Petitioner has filed this Petition challenging Order dtd. 21/6/2021 passed by Minister-Revenue by which the Revision filed by Respondent No.6 has been allowed and Order dtd. 21/8/2020 passed by Additional Commissioner, Kokan Division has been set aside. The learned Minister has directed that area corrections be effected in respect of CTS No. 22D as well as CTS Nos. 25A, 25B, 25C, 25D by adding area of 130.3 sq. mtrs. as per Report of the City Survey Office, Borivali dtd. 19/11/2018. Petitioner has prayed for implementation of Report dtd. 8/10/2010 of the City Survey Officer by increasing the area of his Plot bearing CTS No. 25A by 176.2 sq. mtrs. By amending the Petition, Petitioner has also challenged Order dtd. 28/7/2022 passed by Collector, Mumbai in pursuance of the Order of the learned Minister as well as impugned survey / measurement notice dtd. 28/7/2022 and Survey dtd. 19/9/2022.

(3.) Briefly stated, facts of the case are that Petitioner's grandfather purchased plot bearing CTS No. 25 corresponding to Survey No. 5 Hissa No.2 at village Mandpeshwar, Tal. Borivali, Mumbai Suburban District, Dahisar (West) Mumbai. In the year 1968, CTS No. 25 was divided into three plots as Plot Nos. 25A, 25B and 25C by Petitioner's grandfather for the purpose of distribution amongst his son and daughter-in-law. Plot Nos. 25A and 25C were transferred in favour of daughter-in-law (Petitioner's mother) whereas plot CTS No. 25B was transferred to his son Bernard Britto. In the year 1980, CTS No. 25 was officially subdivided by the City Survey Office into three plots bearing CTS Nos. 25A, 25B and 25C vide order of subdivision dtd. 1/11/1980. After his mother's death in 1988, Plot Nos. 25A and 25C were succeeded by Petitioner, his father, brother and sister. That Petitioner's father, brother and Sister executed a gift in favour of Petitioner and transferred their right, title and interest in Plot Nos. 25A and 25C in Petitioner's favour. It is Petitioner's case that in the year 1974, Plot bearing CTS No. 24 was purchased by his elder brother Kenneth Britto vide registered sale deed. That plot No. 24 was gifted in favour of Petitioner by his brother in the year 2007. This is how Petitioner claims ownership in respect of Plots bearing CTS Nos. 24, 25A and 25C.