Mumbai: The Bombay High Court on Monday refused to hand over a piece of land near the T2 terminal of Chhatrapati Shivaji Maharaj International Airport to four original owners of the land. The owners demanded possession of their land, which had been acquired by the Central government for ‘public purpose’ in 1953. The court considered the fact that the owners had moved the court after more six decades and accordingly imposed a cost of Rs 10,000 on them.
The owners, led by Felton Fernandes, had sought their land in Marol and Sahar, alleging that the government had fraudulently conspired to exploit the said land by allowing private entities to construct hotels. In its defence, the government claimed that constructing hotels is also a ‘public purpose.’ A division bench of Justices Amjad Sayed and Suresh Gupte said, “If any land, originally acquired for a public purpose, is subsequently fraudulently diverted for a private purpose, it may be open to any public-spirited individual to approach this court in its writ jurisdiction by filing a public interest litigation.”
11/09/18 Narsi Benwal/FreePressJournal
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The owners, led by Felton Fernandes, had sought their land in Marol and Sahar, alleging that the government had fraudulently conspired to exploit the said land by allowing private entities to construct hotels. In its defence, the government claimed that constructing hotels is also a ‘public purpose.’ A division bench of Justices Amjad Sayed and Suresh Gupte said, “If any land, originally acquired for a public purpose, is subsequently fraudulently diverted for a private purpose, it may be open to any public-spirited individual to approach this court in its writ jurisdiction by filing a public interest litigation.”
11/09/18 Narsi Benwal/FreePressJournal
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