BEST WORKERS UNION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN view of the peculiar facts and circumstances of this case the learned counsels appearing on behalf of all the parties requested us that instead of hearing them for admission of this petition, particularly on the issue of interim relief, we may hear all of them for final disposal of this petition at the admission stage itself, as in their submission they would be advancing similar arguments for both the purposes. Even otherwise this petition raises such issues which require detail scrutiny at our hands. Hence we grant Rule and make it returnable forthwith. All the learned counsels appearing on behalf of the Respondents waive service of the rule on the respective respondents. We have heard all of them for couple of hours each for almost seven consecutive working days and reserved the judgment, which is being delivered today. The petitioner is a Recognised representative Union of workers of "brihan mumbai Electric Supply and Transport undertaking" (hereinafter referred to as the "best" for the sake of brevity), which is an undertaking of the Municipal Corporation of greater Mumbai (hereinafter referred to as the "said Corporation" for the sake of brevity ). The 2nd Respondent herein is the said Corporation and 4th Respondent herein is the BEST. 5th respondent herein is the General Manager of best who has been made party by his name. The 1st respondent is the State Government.

(2.) THE dispute between the parties in the present petition is in respect of a piece of land. Normally, we would have referred to it as "a plot". However, we are not doing so as there is controversy amongst the parties as to whether in law, this piece of land in issue can be referred to as "a plot" or not. This piece of land which is the subject matter of the present writ petition admeasures 27,913. 93 sq. meters and is a part of Survey no. 6 (part) i. e. City Survey no. 1 (Part)of Village Goregaon, Oshiwara, Mumbai, (hereinafter referred to as "the suit property" for the sake of brevity ). For the purpose of identification of the suit property, at least in the beginning, we must state that the suit property has been marked as "plot No. 2a" by the BEST in its records, though it is the specific contention of the Respondents that the larger portion of cts No. 1 (part) which admeasures 1,54,082. 40 sq. meters ( hereinafter referred to as 'the said large track of land' for the sake of brevity) has not been sub-divided into various plots in the eyes of law. We will refer to this controversy at some length at an appropriate stage hereunder. Be that as it may.

(3.) IN the beginning we give hereunder the admitted, but only relevant, chronology of Dates and Events to understand the facts of the case with some precision. This chronology will be also handy at the later stage of this Judgment when we will be considering the contention of one of the contesting respondents i. e. Respondent No. 7, the developer, that this Petition is liable to be dismissed on the ground of delay and laches, apart from other grounds taken up in defense. 13th April, 1973 ; By way of Land acquisition Award bearing No. LAQ 6748 an area of 95,721 sq. meters out of Survey No. 6 was acquired for Staff Housing of BEST workers and was handed over to the BEST. 29th August. 1974 : By way of Land acquisition Award bearing No. LAQ 280 an area of 5836. 14 sq. meters out of Survey No. 6 was acquired for Staff Housing of BEST workers and was handed over to the BEST. 23rd October. 1989 ; A Lay Out Plan for sub-dividing the said large track of land was prepared. In this Lay out Plan, the suit property has been marked as Plot No. 2a. 11th May. 1993 ; The Revised sanctioned Development Plan prepared under maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the MRTP act") came into force in which the said large track of land including the suit property was reserved for "best Bus Depot, Scrap Yard and Housing". Various portions of the said large track of land used by the BEST for following purposes :-<FRM>JUDGEMENT_848_ALLMR5_2008Html1.htm</FRM>