- (1.) Leave granted.
(2.) A Division Bench judgment passed by the Bombay High Court, dismissing the writ petition filed by the appellant herein is in challenge before us. By the said petition, the petitioners/appellants had challenged the acquisition of land, bearing Final Plot No. 22-A, 22-B and 22-C of the Town Planning Scheme (hereinafter referred to as TPS' for short) of Borivali (East). In this writ petition, the following prayers were made: "(a) that this Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction under Article 226 of the Constitution of India calling for the records of the proceeding adopted by the respondent No. 7 under the Provisions of Maharashtra Regional Town Planning Act, 1966 in respect of land bearing final plots 22-A, 22-B and 22-C admeasuring 13980 sq. yards of Town Planning Scheme, Borivali-II, Borivali (E) and consider the propriety of the action taken by the respondent No. 7 and quash and set aside the proceedings adopted by the respondent Nos. 6 and 7 for the said land in year 1996; (b) that this Hon'ble Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to forthwith stay their action pursuant to Letter of Intent issued by the respondent No. 6 in favour of the respondent No. 4 for development of land mentioned in the said letter dt. 18.04.2006 annexed as Exh. 'F' hereto and set aside the permission granted in the letter of Intent issued in favour of the respondent No. 4; (c) that this Hon'ble Court be pleased to restrain the respondent No. 2 from taking action pursuant to notice dt. 21.8.2006 issued to the petitioners/appellants as Exh. 'P' hereto; (d) pending the hearing and final disposal of the petition this Hon'ble Court be pleased to grant interim order restraining the respondents, their servants, subordinates, officers and agents from in any manner acting upon the Letter of Intent dt. 18.4.2006 issued by the respondent in favour of the respondent No. 4 for development of the land mentioned therein under Slum Redevelopment Scheme: (e) Not relevant. (f) Not relevant. (g) Not relevant."
(3.) The petitioners/appellants, inter alia, claimed that they had become the owner of land admeasuring 11944 sq. yards, bearing Final Plot No. 7-A1, 7-A3 and 7-B and bearing Survey Nos. 88 and 89, (2) Final Plot No. 13-A, bearing Survey No. 8 admeasuring 22,635 sq. yards and (3) Final Plot No. 22-A, 22-B and 22-C bearing Survey No. 6 admeasuring 13,980 sq. yards in village Kanheri, Taluka Borivali, Mumbai Suburban District, total admeasuring 48569.59 sq. yards. The petition was in respect of land bearing Final Plot No. 22-A, 22-B and 22-C admeasuring 13,980 sq, yards.;