Bombay HC asks private firm, Centre to reply to plea on ‘fraudulently obtained’ order – The Indian Express

Mumbai suburban collector Nidhi Chaudhari said the Kanjurmarg land belongs to the state government and private parties do not have a stake in it. “The consent decree obtained by the private party is fraudulently obtained from court and hence, necessary steps are being taken to present the facts in front of the court and get the consent decree quashed,” Chaudhari said.

The state government, in its interim application filed last month, had claimed that over 1800 acres of the disputed land belonged to it and the private firm did not have any right to it, adding the order was “fraudulently” obtained by the private firm. The application added that the firm deliberately did not make the state government a party to the suit.

On October 28, 2020, the private firm had obtained an HC order in its suit filed in 2006 against a few persons. The firm had sought specific performance or compliance of an agreement of August 2005, as per which, it claimed, that it was granted development rights of the entire Kanjur village.

On November 30 last year, Jolly Anil India Limited, which had leased nearly over 80 acres of land from the government, filed an interim application challenging the decision in favour of Adarsh Water Parks and made the state government a party to the case following which the latter came to know about the suit filed in 2006.

The High Court, on March 10, reserved its order in Jolly Anil’s plea. As per advocate Himanshu Takke, representing the state government, the court was not informed that out of over 6,000 acre land, over 1,800 acres belonged to the state government, nearly 120 acre to the Centre and nearly 200 acre of land parcels in Kanjurmarg village to the BMC. The next hearing is on May 4.