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The Bombay High Court has handed extreme strictures on the Mumbai suburban district collector over his determination to switch 102-acre Kanjurmarg salt pan land for the Metro car shed undertaking, observing that the order “borders on committing fraud on power”, was “perverse” and confirmed “serious flaw” within the decision-making course of.
“It seems to be clear that there has been a change in policy with change in the ruling dispensation in the state. While changes can be effected keeping in mind what the larger public interest warrants, extraneous considerations ought not to outweigh all other considerations of propriety, legality and fairness in administrative action,” Chief Justice Dipankar Datta mentioned within the 24-page order handed on Wednesday and made obtainable on Thursday.
The bench added, “We are conscious of the element of public interest involved in setting up of the Metro car shed on the subject land; at the same time, we cannot remain oblivious if a person is divested of its/his right in property without the authority of law.”
Pulling up the collector, the HC mentioned, “We do not wish to be harsh at this stage because all the materials are yet to be placed before us, but cannot desist from observing that the collector’s action of passing the impugned order in the manner he did does border on committing a fraud on power.”
On October 11, whereas scrapping the car shed undertaking at Aarey Milk Colony, Chief Minister Uddhav Thackeray had mentioned that it might now as an alternative come up on the salt pan land at Kanjurmarg. The ruling Shiv Sena had touted the transfer as a serious achievement, claiming that it had saved the important inexperienced house in Aarey for Mumbai and its future generations.
Subsequently, the Mumbai suburban district collector had ordered the switch of the Kanjurmarg salt pan land on October 1 to the Mumbai Metropolitan Region Development Authority (MMRDA). However, the Union authorities in addition to non-public petitioners had challenged the transfer.
On Wednesday, the HC stayed the transfer after it prima facie noticed that the operation of the collector’s order can’t be allowed to proceed, as there have been a number of claims over the land and all of the events wanted to be heard and claims settled earlier than the car shed work may begin.
Besides the Centre, Maheshkumar Garodia of actual property agency Garodia Group had additionally challenged the collector’s order within the HC claiming {that a} swimsuit was pending earlier than town civil court docket over possession of the land and the order was handed with out taking cognizance of the identical. Garodia claimed that he was lessee of almost 500 acre of Kanjur village, the place the salt pan is positioned.
In view of this, the HC had mentioned on Wednesday, “What is revealed from the materials on record is dispossession of parties interested in a property not by procedure known to law, but by an executive fiat. The collector has treated the subject land as the property of the state government and allowed possession thereof to be taken by the MMRDA by referring to certain notifications/resolutions, without giving any opportunity either to the central government or to petitioner Garodia.”
It added: “In a society where rule of law has primacy, the minimum that we expect of a responsible office as the collector is to adopt a fair, reasonable and impartial approach. That is unfortunately lacking in the present case.”
Moreover, the bench mentioned that it was “aghast” that whereas a civil software filed by the state authorities in 2016 for the 102-acre Kanjurmarg land has been pending, the collector, “on his own and without waiting outcome of such application”, handed the impugned order and delivered its possession to MMRDA. “We, thus, see no reason as to how during its pendency the collector could pass such an order,” it added.
Observing that the collector failed to contemplate related proof whereas passing the order, the HC mentioned, “Non-consideration of evidence that was relevant, material and germane is a serious flaw in the decision-making process, vitiating the impugned order and rendering it perverse.”
The court docket will hear all pleas looking for claims over the land in February, 2021.
© The Indian Express (P) Ltd
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