BHARAT MULJI KHONA vs M/S FIZA CONSTRUCTION COMPANY THROU. G.R. MUJAWAR AND ORS

Judgment text excerpt

2026:BHC-AS:18047 wp 2457 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2457 OF 2026 Bharat Mulji Khona ... Petitioner versus M/s. Fiza Construction Company and Ors. … Respondents WITH WRIT PETITION NO.2458 OF 2026 Bharat Mulji Khona ... Petitioner versus M/s. Fiza Construction Company and Ors. … Respondents WITH WRIT PETITION NO.2505 OF 2026 Bharat Mulji Khona ... Petitioner versus M/s. Fiza Construction Company and Ors. … Respondents Mr. Mayur Khandeparkar with Mr. Nishant Tripathi, Mr. Pranav Vaidya i/by M. Tripathi and Co., for Petitioner. Dr. Uday Warunjikar with Mr. Siddhesh Pilankar, for Respondent No.1. CORAM: N.J.JAMADAR, J. RESERVED ON : 1 APRIL 2026 PRONOUNCED ON : 17 APRIL 2026 JUDGMENT : 1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally. 2. All these Petitions arise out of the orders passed by the learned Civil Judge, Sr. Division, Panvel, in Special Civil Suit No.140 of 2008 and since the issues raised in each of the Petitions are intermingled, all these Petitions were SSP 1/24 wp 2457 of 2026.doc heard together and are being decided by this common judgment. 3. The background facts leading to these petitions can be summerized as under : 3.1 Smt. Akkabai Shantaram Patil (D1), Parvati Gana Patil (D2), Bhagwan Krushna Bhagat (D3) and Smt. Shevantibai Ashok Bhagat (D6) were the project affected persons. The lands held by these Defendants was acquired by CIDCO for new town development. In lieu of the acquisition of the lands, the land holders were, inter alia, entitled to a developed plot under 12.5% scheme. The Petitioner – Defendant No.9 claims that, on 21 May 2005, Defendant Nos.1, 2, 3 and 6 had agreed to transfer the said plot, to be all