BOMBAY WIRE ROPES LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, initial challenge was to:

(2.) Though, the lis has a chequered history, spanning for over 30 years, yet, the essential background facts can be summarised as under:

(3.) Certain supervening events occurred. Restrictions came to be imposed on development, on account of the chemical zone. The development plan for Thane Municipal Corporation was sanctioned by the State Government on 28th April, 1995 and, subsequently, Development Control Regulations for Thane Municipal Corporation were sanctioned. Resultantly, several parcels of the Petitioners land were rendered non-buildable. Thus, the Petitioners could not implement the scheme sanctioned on 7th November, 1990. In view of the aforesaid developments, the competent authority passed a fresh order under Section 8(4) of the Act and declared an area admeasuring 53,585.074 sq.mts. as excess vacant land. This order came to be further revised on 30th November, 2004, and now the competent authority declared an area admeasuring 69,356.394 sq. mtrs. as the excess vacant land. The Petitioners pointed out to the competent authority the infirmities in the aforesaid computation and declaration of excess vacant land. However, the Respondents paid no heed. The competent authority, without providing an effective opportunity to the Petitioners, issued a vesting notification under Section 10(3) of the Act. A notice under Section 10(5) of the Act demanding the delivery of possession came to be issued on 7th April, 2005.