- (1.) THE petitioners are seeking directions to the respondents 1 and 2, to handover the vacant and peaceful possession, free from all encumbrances of Final Plot No. 256 under the Town Planning Scheme, Ghatkopar No. III, to the petitioners after removing all unauthorised structures thereon and the unauthorised occupants namely the respondent Nos. 3 to 6, therefrom by invoking the powers under Article 226 of the Constitution of India.
(2.) THE respondent 1 is a statutory body constituted and incorporated under the Bombay Municipal Corporation Act, III of 1888 (hereinafter "corporation Act" for short ). Respondent No. 2 is the Commissioner of the Municipal Corporation of Greater Bombay, appointed by the State Government and is an administrative head of respondent No. 1. The respondent 3 to 6 are the occupants of the chawl standing on the land bearing Survey No. 226, Hissa No. 2 and original Plot No. 181, which forms part of Final Plot No. 236 of Ghatkopar Town Planning Scheme No. III. The petitioners are successors of the original landlord one Hiralal Jethabai of the final Plot No. 236 in dispute. The respondent 1 and 2 framed and enacted Town Planning Scheme of Ghatkopar No. III (hereinafter "said scheme" for short) under the Maharashtra Regional Town Planning Act, 1966. The said scheme came into effect from 1st April, 1959. Hiralal Jethabai was owner of land bearing Survey No. 225, Hissa No. 2 (part), whose plot was given original Plot No. 176 (Part ). In lieu of the said original Plot No. 176 (part) he was allotted 3 final plots; one of them was final Plot No. 236 admeasuring 697 square yards (hereinafter "final plot No. 236" for short ). Under the said scheme Hiralal became the owner of final plot No. 236. On 4th May, 1981, the said plot was conveyed by the son of original landlord/allottee to the petitioner by the conveyance, duly registered with the sub-registrar. The final plot No. 236 in the possession of the petitioner since May, 1981, is in unauthorised occupation of the respondent Nos. 3 to 6.
(3.) THE petitioners, state that respondent Nos. 1 and 2 are responsible to enforce the said scheme and hand over, to the petitioners, the vacant possession of the Final Plot No. 236. It is the case of by the petitioners, that the respondent Nos. 1 and 2 have failed and neglected to perform their statutory duty under section 88 of the Maharashtra Regional and Town Planning Act, 1966. The petitioners claim that they being owner of the Final Plot are entitled to all rights and benefits which Hiralal was entitled for, under the provisions of the Maharashtra Regional Town Planning Act, 1966 (hereinafter "mrtp Act" for short) and the Corporation Act. Section 88 imposes statutory obligation on the Town Planning Authority to give the vacant, unencumbered, quite and peaceful possession of the Final Plot to the parties to whom such plots are allotted, including successors, if any, of the original allottee. The petitioners, being successor/transferee have been deprived of the statutory rights conferred on the original owner to get the final plot No. 236, vacated by removing structures of the respondents No. 3 to 6. The petitioner have specifically stated in the petition that respondent Nos. 1 and 2 have given the vacant and peaceful possession of the Final Plots to the several other allottees under the said scheme and thereby they have been discriminated by not putting petitioner in vacant possession of Final Plot No. 236. In the circumstances, by means of this writ petition, the petitioners have claimed the quite, vacant and peaceful possession free from encumbrances of the Final Plot under the Town Planning Scheme, Ghatkopar III, after removing and demolishing the unauthorised structures belonging to respondent Nos. 3 to 6 thereon.;