Bombay High Court: The Court would not examine questions of entitlement to further development rights under the guise of examining the legality correctness of an order
Title: Allarkha Ismail v. State of Maharashtra & Ors.
Decided on: 11 August 2023
WRIT PETITION NO.635 OF 2023
CORAM: G.S. Kulkarni & R.N. Laddha, JJ.
Facts of the Case
petition has been filed by the Petitioner, who claims that the Final Plot No.190 was allotted to him on account of having acquired earlier plot, which he had purchased from Mr Bhagat Singh Shankarbhai Solanki by registered Sale Deed dated 30.09.1985. After the said purchase, his name was added in the Index II instead of the vendor’s; but his name was mutated on the property card only in the year 2022. This land was taken by the Town Planning Dept. for road widening and he was allotted final plot. 190
Contentions
The petitioner contends that. Although the plot was allotted to him, he never received any physical possession of the same. The redevelopment work was taking place on his land as one of the other Respondents had forged documents and received a registration certificate. He had on multiple occasions attempted to notify the authorities to mutate his name on the document regarding FP 190. He also sent a notice regarding unauthorised construction on his land and despite receiving notice, the unauthorised work was not halted. To prove that Respondents’ docs were fake, they showed that the document was not placed on RTI website and that Bhagat Singh Solanki’s name was present but not his photo or signature. This was because they only knew his name and nothing else.
The Respondents denying that the documents were forged, contend that the development plan was approved by all. The petitioner had also submitted an undertaking that no adverse order had been passed by any Court while approving the plan.
The Respondents also submitted the Petitioner had forged the documents despite the death of the vendor Mr. Solanki. To prove this, they showed that Mr. Solanki had signed the purported authority letter in English while in the conveyance all signatures were in Gujrati with the name endorsed as Bhagat Singh Shankarbhai Solanki. Since Mr. Solanki had died intestate, his legal heirs who acquired his property sold the impugned plot to Jawahar Doshi, who then sold it to Mr. Vardhaman (one of the respondents, who is alleged to have forged documents of FP 190). They also added that no response was given by the Petitioner for the delay and laches.
Decision
The Court held that it would not examine issues that are essentially title disputes and complicated questions of entitlement to further development rights under the guise of examining the legality, validity, and correctness of an order of deemed conveyance in the exercise of writ jurisdiction. The appropriate remedy for the aggrieved party is to file a substantive suit before the competent Civil Court.
The petition is accordingly dismissed.
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Written by- Aparna Gupta, University Law College & Dept. of Studies in Law