In a setback to the Maharashtra government, the Bombay High Court on Thursday ordered authorities to maintain status quo and not to change the nature of the 15-hectare land in Kanjurmarg transferred to MMRDA for construction of the Metro 6 (Swami Samarth Nagar-Jogeshwari-Vikhroli -Kanjurmarg) depot.
The court was hearing a plea by the central government, filed through the deputy salt commissioner, that challenged the April 17, 2023 order issued by Mumbai Suburban District Collector to transfer the salt pan land to Mumbai Metropolitan Region Development Authority (MMRDA).
Additional Solicitor General (ASG) Devang Vyas, for the Centre, argued before a division bench of Chief Justice Devendra Kumar Upadhyaya and Amit R Borkar that the impugned order was arbitrary and issued with “sheer abuse of power” and the subject land was part of petitioner’s Arthur Salt Works at Bhandup salt factory.
Vyas added one Maheshkumar G. Garodia is a private party, whose predecessor was a lessee of the petitioner and subject land along with other lands were leased to the Garodia’s predecessor for 99 years from October 15, 2017.
The Center said the salt department in November, 2004 prematurely terminated the lease due to violation of terms and conditions by Garodia.
It expired on October 14, 2016 and the matter was pending before the city civil court. Vyas said the impugned order was passed by the collector without considering the pending case and no opportunity was given to Center to raise its grievance.
“It is clear that the state government and MMRDA are acting in collusion with each other so as to evade payment of market value of the land which they would have been required to pay to the petitioner to get the land transferred from the Center to state government. ,” the plea claimed.
The bench observed that “this is a rare occasion” when the Center approached the HC against the Maharashtra government against the Collector’s order. “Ordinarily, such disputes should not reach the courts. However, instant matter appears to bear a checkered history,” it added.
It referred to HC’s December 16, 2020 order on Centre’s plea. The HC had stayed the operation of the Collector’s October 1, 2020 order, passed under the MVA government led by Uddhav Thackeray, that transferred 102-acres of land to the MMRDA to build a metro-3 car shed.
The Center had then opposed the transfer on the grounds that the salt pans belonged to it.
However, after the present government led by Chief Minister Eknath Shinde took over, the court in August, 2022 was informed that the October 1, 2020 order had been withdrawn as the car shed was shifted to Aarey colony and the pleas challenging the same were disposed of. of.
The HC had then opined that the collector had not considered evidence which was relevant for decision for allotment of the land and MMRDA’s request was accepted without Central government and other stakeholders on notice.
The CJ Upadhyaya-led bench noted that observations in the December 16, 2020 order were relevant for granting interim relief in the present case.
It observed that even in the impugned order of April 17, 2023, a civil case is still pending and the Center was not given opportunity by the collector before passing the decision.
“Why did you take a decision pending litigation? Was it not incumbent on the collector to consider submissions against MMRDA’s request,” the HC questioned the government.
“Having recorded the aforesaid facts, what we prima facie find is that the situation which prevailed at the time of passing of the earlier order of allotment dated October 1, 2020 had not undergone any change when the impugned order dated April 17 2023 was passed by the Collector concerned,” the bench noted.
“Accordingly, we provide that till the next date of listing, ie, December 5, 2024, parties to this writ petition shall maintain status quo. It is further directed that the nature of the subject land shall also not be changed,” it added.