Dadar plot reservation lapses, to be developed

MUMBAI, AUGUST 30: The Bombay High Court today rejected the notice of motion filed by the state government seeking an extension of time f...

MUMBAI, AUGUST 30: The Bombay High Court today rejected the notice of motion filed by the state government seeking an extension of time for completing the acquisition of 3,718 sq metres of land at Dadar. Effectively now, the reservation of the land at city survey no 65 at Dadar Naigaum division, Dadasaheb Phalke Road, Naigaum for a playground, has lapsed and the owners, Keshavraj Lalchand Sekroney, are free to develop it.

As reported by Express Newsline yesterday, the division bench of Justice M B Ghodeswar and Justice S Radhakrishnan were hearing a notice of motion by the state government seeking an extension of time on a high court order passed by the division bench of Justice Ashok Desai and Justice P S Patankar on August 12, 1998. The state was given six months to initiate proceedings to acquire the land and complete the procedure within six months, thereafter. In case it failed to do so, the order was clear that the reservation will lapse and the owners will be free to develop it.

With thestate having begun the acquisition proceeding by November 1998, according to the order, it was enjoined upon it to declare the award by May 1998. However, for reasons of its own, the draft proposal for the acquisition was given to the state only in March 1999 and since the present code of conduct was on, it was pleaded that state officials could not proceed on it and needed time.

The bench however rejected the notice of motion on the ground that the 1998 court order had not been followed and the state had failed to declare the award within time.

Meanwhile, the petition filed by the Brihanmumbai Municipal Corporation BMC challenging the state notification of 1994 whereby the civic body has to pay compensation at market value, was heard by the same bench and the state was directed to file an affidavit.

The matter came up along with another petition filed by the Colaba Land amp; Mill Co Ltd, whose land adjacent to the Radio Club off Gateway of India was acquired by BMC since it is reserved for a playground.However, the petitioners have not been paid the compensation of Rs five crore as directed by the Special Land Acquisition Officer SLAO. While, following an earlier order of June 24, 1999, the BMC had deposited the amount in the HC on August 8, 1999, the petitioners today moved to withdraw at least the draft amount of Rs 1.57 crore that was promised to them.

The BMC is challenging the state government8217;s notification of 1994 whereby it was directed that for determining compensation for acquiring of land, the state would take into account the comparable sale instances of the adjacent pieces of land or the ready reckoner prepared by the state, whichever is higher. However, special counsel for the BMC, KK Singhvi argued that according to an order passed by the Supreme Court, it was held that the ready reckoner could not be used for the determination of land acquisition for public purposes.

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The matter though remained inconclusive since assistant government pleader Abhay Patki asked for time for filing hisaffidavit in the matter. The case will now come up in October. The money deposited in the HC will now be invested in some financial instruments, it was directed.