SORABJI EJALJI COOPER Vs. STATE MAHARASHTRA

JUDGEMENT

(1.)

(2.) There is a plot at 'C' - Ward of the Bombay Municipal Corporation, known as "Bhangwadi Estate" admeasuring approximately 6330 sq. yards. In the revenue records, the plot had the number of C. S.938 of Bhuleshwar Division. Since about 1960, the property card was showing the name of M/s. New India Assurance Co. Ltd. as the owners of the plot. It appears the buildings situated in this estate have been in existence for the last 80/90 years or more. Apart from various other chawls and other buildings, there also existed a theatre known as "Princess Theatre". The theatre has now been demolished. The petitioners in the first petition are the residents of an adjoining plot bearing No. 585, almost situated behind the place where the theatre was in existence. The petitioners in the other petition are the residents of some of the chawls situated in this Bhangwadi Estate.

(3.) It appears that M/s. Sandeep and Co., who are respondent No. 3 in the first writ petition, and respondent No. 6 in the second petition, purchased from the owners of the property an area approximately admeasuring 2125 sq. yards under a registered Conveyance dated 16th October, 1978. They bought the portion which included the theatre. Prior to the said Conveyance, the former owners of the said property viz. New India Assurance Co. Ltd. had applied to the Superintendent of Land Records for sub-division of this plot. By an order dated 25th May, 1978, the sub-division was sanctioned, subject to a proper conveyance in favour of the present purchasers. After purchase, M/s. Sandeep and Co. have demolished and removed the theatre as also an adjoining chawl and a room and in its place after obtaining the necessary sanction from the Municipal authorities, they have construed a Shopping Centre. It appears that as on the date of filing of these petitions, the Shopping Centre had not yet come into, existence. It was under construction. The construction has now been completed. But I am told that all the occupants of the Shopping Centre have been informed of this litigation and suitable undertakings have been taken from those persons to the effect that they would be bound by the result of these petitions.