Case Note & Summary
The judgment under consideration pertains to four appeals arising from a property dispute involving final plot no.267 of Town Planning Scheme IV, Mahim. The original plaintiff, Shree Vardhaman Stanakvasi Jain Shravak Sangh, a trust, claimed ownership of original plot nos.267, 267A, and 267B. Under the town planning scheme, title of final plot no.267 vested in the Municipal Corporation of Greater Mumbai, though a portion of 353 sq.mtrs remained in the plaintiff's possession. The final plot was initially reserved for a municipal school and later for housing for dishoused persons. The plaintiff had given a registered undertaking to hand over the suit property when demanded. Subsequently, the defendant society (occupants of tenements on the plot) appointed a developer, and the Municipal Corporation granted approvals for redevelopment. The plaintiff filed a suit and obtained an interim injunction against the redevelopment. The trial court allowed the plaintiff's notice of motion and dismissed a notice of motion filed by the developer seeking to vacate earlier orders. Aggrieved, the defendants filed the present appeals. The judgment in the provided extract does not contain the court's analysis or final decision; it only sets out the factual background and procedural history up to the filing of the appeals. The appeals were heard together and reserved for judgment.
Issue of Consideration
APPEAL FROM ORDER NO.495 OF 2015
Case Details
2016 LawText (BOM) (03) 70
Appeal from Order No.495 of 2015 along with Appeal from Order Nos.496, 1210 and 487 of 2015
Mr.Pravin Samdhani, Mr.Anirudha Joshi, Mr.Satyen Vora, Mr.Atul Kshatriya, Mr.E.P. Bharucha, Mr.A.V. Diwate, Mr.T.N. Subramanian, Mr.Shishir Joshi, Ms.Priti Joshi, Mr.Mukesh Chheda
M/s. Ashwatha Developers, Municipal Corporation of Greater Mumbai, Assistant Municipal Commissioner 'G' North Ward, Dadar Saiprasad Co-operative Housing Society Limited
Shree Vardhaman Stanakvasi Jain Shravak Sangh and others
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Nature of Litigation
Appeals against order granting interim injunction in suit concerning ownership and development of land under town planning scheme.
Remedy Sought
The appellants seek to set aside the trial court's order allowing the plaintiff's notice of motion for interim relief and dismissing defendant no.4's notice of motion.
Filing Reason
The trial court granted interim relief to plaintiff, restraining defendants from proceeding with redevelopment of final plot no.267.
Previous Decisions
The trial court allowed Notice of Motion No.1396 of 2010 filed by plaintiff and dismissed Notice of Motion No.3339 of 2013 filed by defendant no.4.
Judgment Excerpts
On coming into force of TPS, title of final plot no.267 vested in the defendant no.1 (Municipal Corporation), the Planning Authority under Section 88 of the Maharashtra Regional and Town Planning Act, 1966.
Clause (u) of the said IOD provided for a registered undertaking to be filed by the plaintiff stating that an area of open plot at present in possession of the plaintiff shall be handed over to the Municipal Corporation when required and such registered undertaking shall be submitted to the office of Municipal Corporation.
It is the case of the defendants that if the plaintiff would not have accepted the condition of IOD, building plan submitted by the plaintiff for development of final plot no.265 or for construction thereon would not have been sanctioned and/or approved.
Procedural History
Plaintiff filed suit and took out Notice of Motion No.1396 of 2010 seeking interim relief. Defendant no.4 filed Notice of Motion No.3339 of 2013 seeking vacation of earlier orders dated 16 June 2010 and 19 October 2010. By order dated 30 January 2015, the trial court allowed plaintiff's notice of motion and dismissed defendant no.4's notice of motion. The defendants filed four appeals against that order.
Acts & Sections
- Bombay Town Planning Act, 1915: Section 9
- Bombay Town Planning Act, 1954:
- Bombay Town Planning Scheme Validation Act, 1956:
- Maharashtra Regional and Town Planning Act, 1966: Section 88
- Development Control Regulations, 1991: Regulation 33(7)
- Maharashtra Co-operative Societies Act, 1960:
