Mafatlal’s plea seeking compensation for zoo land dismissed by Bombay HC

By Accommodation Times Bureau

MUMBAI

A Bombay High Court bench on August 16, 2018, consisting justices SC Dharmadhikari and Bharati Dangre, dismissed a plea by Mafatlal Industries.

The petitioner is the leaseholder of the plot of land reserved by the state government for the expansion of the zoo in Mumbai, the plea claimed and demanded compensation.

The after holding that it was without of any merits, dismissed the appeal.

The lease had expired between 2012 and 2018, Anil Sakhre BMC counsel said and BMC said as the DP 1991 the land was reserved for the zoo’s expansion.

The argument is for 58,000 sq mt. the plot joined Veermata Jijabai Udyan Zoo in Byculla

However, Mafatlal Industries challenged the BMC’s decision to take over the land and then, demanding a compensation of Rs 1,600 crores, in lieu of it and hence approached the high court in 2017.

The petitioner was claiming a right to perpetual lease-holding and it is not appropriate to do without drawing up a new lease or renewing its lease with the government, under the 2004 GR, The BMC, told the court.

It said that Mafatlal Industries did not take any steps to avail benefits under the 2004 GR.

Sakhre told the bench, “In view of the relevant provisions of the Transfer of Property Act, 1882, as quoted hereinabove, the lease has already expired and therefore, the petitioner would necessarily be holding over at best. No fresh lease has been executed by the government, in favour of the petitioners.”

 





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