Great relief to the Central Government and the State Government regarding Kanjurmarg land; He canceled the disputed order
Mumbai: The Central and State Governments have received great relief regarding the Kanjurmarg land. The High Court today quashed the order of Adarsh Water Parks and Resorts, a private company, seeking reciprocal orders on land rights in Kanjurmarg village. The company had misled the High Court and obtained a consent order from the High Court stating that the dispute was settled amicably under an agreement with a private individual. He also claimed to have got development rights on the entire land in Kanjur village.
The court will not say whether the land is owned by the central government or the state government. However, by hiding the information about the ownership of the land, Adarsh Company committed a big lie and misled the High Court. Therefore, the order passed by the High Court on October 28, 2020 is being revoked on the terms of consent, ”said Justice A.K. Menon explained in the order.
What is the matter
The Uddhav Thackeray government has proposed Mumbai Metro-3, an ambitious project in Mumbai, on some of the total land in Kanjurmarg village. The car shed in Aarey Colony proposed by the previous Devendra Fadnavis government was shifted to the land in Kanjur village by the Thackeray government deciding to cancel it on the issue of environmental protection. However, the Central Government (Salt Division) strongly objected to the construction of the car shed, alleging that the Mumbai Suburban District Collector had given the land to MMRDA without seeking our permission as the entire land in Kanjur village belonged to us. Apart from that, a petition of Gordia Builders, a private company, for ownership is also pending in the High Court. Against this backdrop, the Mumbai High Court, in response to a petition filed by the Central Government, stayed the construction of a car shed in Kanjur village, which is still in force.
A bench headed by Chief Justice Dipankar Dutta has directed the Center and the state government to resolve the car shed dispute amicably as it is a public interest project. The matter is also set to be heard next month. Meanwhile, Adarsh Company had obtained a mutual order from the High Court on land rights by keeping the state and central governments in the dark and lying, which was another hurdle in the construction of the car shed. Therefore, the state government had immediately filed the application through public prosecutor Himanshu Takke on learning of the order dated October 28, 2020. Following the hearing, Justice Menon on Wednesday quashed the order. Moreover, who owns the land is part of the independent legal proceedings. However, it is the duty of the claimant’s (ideal water parks) lawyers to present the whole facts before the court. By not doing so, a serious lie was committed with the court itself, ”the observation has been given in the order of the judges.
That’s what Adarsh Water Parks did
In Kanjur village, more than 6,000 acres of land was leased earlier. Adarsh Company had claimed that we have got development rights on 6,375 acres of land as per the agreement signed on August 16, 2005 with Abdul Rashid Abdul Rehman Yusuf and some other such tenants. Adarsh Company filed a suit against Yusuf in the High Court in 2006 seeking enforcement of the agreement. In the end, the two agreed to settle the dispute by mutual consent, Adarsh Company submitted the agreement to the High Court, which took note of it and on October 28, 2020, a single bench of the High Court dismissed the suit. The lessee, Jolly Anil India, filed an application challenging the order, in which he filed a complaint against the state government. It was only then that the state government came to know about it and filed an application for revocation of the order.
