The Bombay High Court has dismissed a belated claim filed by the petitioners in a land dispute concerning property located in Ghansoli, Thane. The petitioners, claiming tenancy rights, had approached the Court more than three decades after their names were allegedly removed from the land records, seeking recognition as lawful occupants and entitlement to compensation.
The land in question had been acquired by the government and handed over to CIDCO (City and Industrial Development Corporation) several years ago. The petitioners argued that they were unaware of their removal from the land records until recently and relied on earlier tenancy tribunal proceedings to assert their rights. They sought a fresh determination of the land’s purchase price to re-establish ownership.
The respondents, recognized as landowners in official records, strongly opposed the petitions. They argued that the petitioners had failed to take any timely or appropriate legal action and that prior tribunal proceedings were initiated without notice to the rightful heirs. They also emphasized that claims of ownership could not be adjudicated through revenue or tenancy forums, especially when the land had already been acquired and compensation paid.
The High Court agreed with the respondents and held that the delay of over 30 years in reopening the dispute was unjustified and fatal to the petitioners’ case. It further clarified that ownership rights must be established through a competent civil court and not by way of delayed revenue proceedings.
Accordingly, the Court dismissed both petitions and directed CIDCO to hand over possession of the land to the respondents. It added that if any party still wished to assert ownership, they may pursue civil remedies independently.
Appearances:
For the Petitioners: Mr. D.V. Sawant with Mr. Priyank Kulkarni, Mr. Karan Jagtap, and Mr. Hardik Shah
For the Respondents: Mr. Sandesh P. Patil with Mr. Pavan Patil and team; Mr. S.A. Karandikar with Mr. Milind Parab
