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Railway Land at Lokmanya Tilak Terminus MUMBAI S.K.GARG Sr. Professor IRICEN

Railway Land at Lokmanya Tilak Terminus MUMBAI S.K.GARG Sr. Professor IRICEN. Brief Description. The Central Railway acquired the following land from S.No.103 of Village Kirol on various occasions initially for Garbage siding in 1925 and later in 1960 for Kurla Terminus.

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Railway Land at Lokmanya Tilak Terminus MUMBAI S.K.GARG Sr. Professor IRICEN

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  1. Railway Land at LokmanyaTilak TerminusMUMBAIS.K.GARG Sr. Professor IRICEN

  2. Brief Description • The Central Railway acquired the following land from S.No.103 of Village Kirol on various occasions initially for Garbage siding in 1925 and later in 1960 for Kurla Terminus. • Year of Area in Date of Acquisition possession A G 1. 1916 0 32 30-03-1927 2. 1926-27 10 21 30-03-1927 • 1960 48 26 24-02-1960 • 1968 12 12 23-10-1969 Total 72 11

  3. First Dispute 1976 ShriPremjitRatanshey Shah & others filed a Civil Suit No. 1448/1976 in the High Court, Bombay for declaring that the acquisition of land admeasuring 12 acres and 12 Gunths in Survey No. 103-A (Part) at Village Kirol, pursuant to the Awards dated 30-7-1966 and 26-5-1968 is illegal, null and viod and of no effect in law.

  4. 9-4-1992 The Civil Suit No. 1448/1976 was dismissed with cost by the Hon’ble Single Judge of the High Court, Bombay

  5. 1992 • Aggrieved by the Order dated 9-4-1992, ShriPremjiRatanshey Shah & others filed an Appeal No. 457 of 1992, before the Division Bench of the 457/1992 • But the Division Bench of the High Court, Bombay dismissed the Appeal on 31st of January 1994

  6. 1994 The High Court’s Order dated 31-1-1994, was challenged by ShriPremji R. Shah & others by filing SLP No. 10792/94 in the Supreme Court. But , the Supreme Court dismissed the above SLP on with exemplary cost of Rs. 30,000/- in July 1994.

  7. 2nd Stage of same dispute10 years later

  8. 1-1-2004 • ShriDilipShreekrishnaSule son of ShriShreekrishna B. Sule submitted an application without the knowledge of Central Railway to the Additional District Deputy Collector, MSD (Mumbai Suburban District) for revising the Order dated 18-11-1974, passed by the then Addl. Deputy Collector, MSD, whereby NA Assessment Tax was levied for a period from 1-8-1969 to 30-7-1971 in respect to the land admeasuring 43228.00 square metres (12 acres, 12 Gunthas) comprised of 103-A (Part) of Village Kirol, TalukaKurla.

  9. 17-1-2004 • The ADDC, MSD revised the N.A. Assessment for not only the original but for the subsequent period from 1-8-1971 to 31-7-1981, 1-8-1981 to 31-7-2001 and 1-8-2001 to 31-7-2004 onwards till the N.A. rates are revised.

  10. Other action to Grab the Land • Additionally, they managed to pilfer/remove the records related to this Land dispute from the Mumbai division of Central Railway, including the papers of earlier court case and • They requested the construction wing of C. Rly who had developed the Terminus to process for acquisition of this disputed land

  11. 2004 • As the above order was passed by ADDC, MSD without the knowledge of the Railway, the Railway filed an Appeal bearing Revenue Case No C/LNL/A 26/04 before the Collector, MSD, Mumbai, wherein among other things it was submitted that an area of 12 acres and 12 gunthas was acquired by Railways through various land acquisition proceedings and area is in continuous possession of the said land since 1960. • It was also impressed that Railway is having functional LTT activities on this part of the land.

  12. 14-10-2004 • The Collector, MSD dismissed the Railway’s appeal and upheld the Order dated 17-1-2004, passed by ADDC, MSD.

  13. 2005 Aggrieved by the above Order passed by the Collector, MSD, Mumbai division of Central Railway filed an Appeal bearing No. Appeal/Desk/LNL/4/05 before the Additional Commissioner, Konkan Division, Mumbai.

  14. 18-6-2005 The Additional Commissioner, Konkan Division dismissed the Railway’s Appeal and confirmed the Order dated 14-10-2004, passed by Collector MSD.

  15. Now what to do?

  16. July 2005 The Railway Administration filed a Revision application before the Hon’ble Minister for Revenue and Forest, State of Maharashtra, praying that the impugned Order dated 17-1-2004, passed by the Additional District Deputy Collector, MSD, order dated 14-10-2004, passed by Collector MSD and Order dated 18-6-2005, passed by the Additional Commissioner, Konkan Division may be set aside and Revenue Authorities be directed not to entertain any such application in future.

  17. Master Stroke in Oct,2005 • Railway filed a Suit No. 4150/2005 in the City Civil Court at Bombay, praying for, declaring that ShriGirishS.Sule and others. are not the owners of the suit land bearing Survey No. 103-A (Part) at Village Kirol and they may be restrained from interfering with the peaceful possession of the land admeasuring 12 acres 12 gunthas in above survey at Village Kirol, Tal. Kurla, which is in Railway possession, without establishing their title to the suit land in a Competent Court of Law and not through the proceeding before the Revenue Authorities.

  18. 5-4-2006 • City Civil Court decided that the defendant Nos. 1 & 2 (ShriGirish S. Sule and ShriDilip S. Sule) be restrained from disturbing the Railway’s peaceful possession and use over the suit land bearing No. 103-A of village Kirol.

  19. 2006 • Defendant nos. 1 & 2 (ShriGirish S. Sule and ShriDilipS.Sule) filed an Appeal No. 381/2006 in the High Court at Bombay, challenging the legality of the award in respect of the land adm. 12 acres 12 gunthas acquired by the Railway through land acquisition proceedings.

  20. 11-7-06 By Order dated 11/7/06, the Hon’ble High Court framed two issues. • To direct the District Inspector of Land Records (DILR) to conduct necessary enquiry and clearly demarcate Survey No.103-A. • To identify the portion of land in possession of Railways in the said Survey and the possession of land acquired by Railways in acquisition proceedings. This was directed to be done within 8 weeks from 11th July, 2006 and till such time, the parties shall maintain status quo with regard to the suit property.

  21. 30-10-2006 • The City Civil Court gave its findings to the two issues framed by the High Court and observed that the Railways have proved the fact that they have totally acquired the land admeasuring 72 acres 11 gunthas from Survey No. 103 and Survey No. 103-A. So far as the demarcation of the land is concerned, the City Civil Court came to the conclusion that due to non-availability of evidence, the court at this stage cannot give findings about the demarcation of the land, which is in possession of the Railways.

  22. Stage three 2007When the case was apparently going in Railways favour, BAB Developer (POA holder to the disputed land) impressed upon RB to intervene-

  23. M/s. BAB Developers Pvt. Ltd. represented to Railway Board for deletion of reservation of the land bearing Survey No.103-A of village Kirol, admeasuring 12 acres 12 gunthas, which has been reserved for Kurla Railway Terminus. • Requested either to release the said land or if the Railway require the said land, the Railway may start the acquisition proceedings, as the ownership of the land is with Sule & Thakkars.

  24. Issues raised by BAB Developers • Property Card, issued by the City Survey Officer, Ghatkopar, • Central Railway’s internal proposal for acquiring the un-acquired land i.e. 12 acres 12 gunthas. • Order dated 14.10.2004, passed by the Collector, Mumbai Suburban District, Mumbai in Revenue Case No. C/LND/A26/04. • Order dated 18.6.2005, passed by the Addl. Commissioner, Konkan Division, Mumbai in Appeal /Desk/LND/4/05.

  25. Railway Board vide their letter No. 2004/LML/L/52 dated 8.11.2007 advised the General Manager, Central Railway to set up a Committee consisting of JAG Officers. • To examine the points made in the representation received from M/s. BAB Developers Pvt. Ltd. • Judgments received, legal position as per judgments and the necessity of legal course of action already initiated by the railways. • Accordingly, GM, Central Railway nominated a committee consisting of Dy.CE/G (from Open Line), Dy.CE(C)Dadar (from Construction) and Law Officer to start a parallel course of action to decide the ownership of the land

  26. The broad terms of reference for the committee were as under : • To examine points made in the representation received by the railways. (though the same is being heard in the high court) • The details listing the developments in chronological order and the legal action taken/judgments received; • Position on date connecting documentary evidence and legal position as per judgments and course of action taken by Railways.

  27. Remarks of the CommitteeLast week of April 2008 • In view of the above facts and position, it is reiterated that since the dispute regarding ownership of the land, admeasuring 12 acres 12 gunthas at Village Kirol is now sub-judiced with the Hon’ble Bombay City Civil Court and the same is being regularly heard by the court, pursuant to the direction given the Hon’ble High Court, Bombay, it would be appropriate that the judicial proceedings take its own course and let all the disputes, including the points raised by M/s. BAB Developers Pvt. Ltd. in their above representation be finally decided by the judiciary. Further, Mumbai Division, who is contesting the court case has informed that on 23.4.2008 and 24.4.2008 the representative of the City Survey Office, Ghatkopar and the representative of the TILR Bandra on behalf of the defendants were examined and cross examined and the next date of hearing in the case is on 2.5.2008.

  28. ?????

  29. Happy Ending Court Judgement dated Nov 2011

  30. Bombay City Civil Court at Bombay, in Suit No. 4150/2005, Union of India, Plaintiffs through Advocate A.N. Samant V/s. GirishShrikantSule & DilipShrikantSule, Defendants, through Advocate Bharat Choudhary pleaded in the above case. • On 9th Nov. 2011, the Hon’ble Judge Shri. M.S. Kshirsagar had passed the final Order as under : • Suit is partly decreed with proportionate cost.

  31. 2) Defendants are hereby perpetually restrained from obstructing the peaceful possession of the Plaintiffs over the Suit land adm. 72 acres 38 Gunthas in Survey No. 103A (part) situated at Vidyavihar, Village Kirol, Taluka Kurla, Bombay, shown in the plan bounded in red in Exh.’F’. 3) S.C. Suit No. 4150/2005 accordingly, stands disposed off. 4) Record & proceedings be sent to record department.

  32. Present day Cost of this land is Rs. 2000 Cr. While it was app Rs 1000Cr. In year 2005

  33. Thank You

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