SHIKALGAR CO-OP.HOUSING SOCIETY vs THE STATE OF MAHARASHTRA

Judgment text excerpt

WP.2641.2000.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2641 OF 2000 Shikalgar Co-operative Housing Society, Through its Chairman .. Petitioner Versus State of Maharashtra .. Respondent ....................  Mr. Kailas Dewal a/w. Mr. Yash Dewal and Mr. Sham Thakur, Advocates for Petitioner.  Ms. Sulbha D. Chipade, AGP for Respondent.  Mr. Yuvraj Bangar, Tahsildar (Revenue) MSD, Bandra Present. ......…........... CORAM : MILIND N. JADHAV, J. Reserved on : JUNE 27, 2025 Pronounced on : SEPTEMBER 03, 2025 JUDGMENT: 1. Heard Mr. Dewal, learned Advocate for Petitioner and Ms. Chipade, learned AGP for Respondent - State. 2. This Writ Petition is filed in the year 2000 by the Society. It is nomenclatured as Writ Petition No.2041 of 2000. It challenges the legality and validity of twin orders dated 06.03.1999 passed by the Collector and 17.07.1999 passed by the Additional Commissioner, Konkan Division, Mumbai, inter alia, pertaining to resumption of the land allotted to the Petitioner - Society in the year 1985. Pursuant to filing of the Petition and its admission, directions were given to the State Government to consider the Revision filed by the Petitioner - Society. By virtue of order dated 14.09.2012, State has upheld the 1 of 17 WP.2641.2000.doc order dated 17.07.1999 passed by the Additional Commissioner, Konkan Division. Thus in effect challenge in the Petition is to the concurrent orders dated 06.03.1999 (passed by the Collector) and dated 17.07.1999 (passed by the Additional Commissioner, Konkan Division) and order dated 14.09.2012 passed by Respondent No.1 - State subsequently. 3. The following relevant facts are required to be gone into for the purpose of deciding the present Writ Petition. Principal contested