Dismissal of Petition for Ownership and Structural Dispute in Bhiwandi Property.


05 March 2024 Property/Real Estate Law >> Property & Real Estate  

In Rajendra Vitthal Shete v/s State of Maharashtra, Through Government Pleader, Civil Appealed Side, High Court Building, Bombay High Court, Mumbai & Others., the Petitioner's request involves a dispute over ownership and structural concerns related to a property at House No. 436, Chavindra, Bhiwandi, within the jurisdiction of the Bhiwandi Nizampur City Municipal Corporation (BNCMC). The Petition has been pending for three years, and an ad-interim order dated October 29, 2021, had temporarily halted demolition of the building.

The Petitioner claims ownership of a shop in the building, asserting various, sometimes conflicting, claims regarding the ownership of land beneath the structure. Initially, the Petitioner argued ownership based on a 1998 agreement, but later submissions involved oral agreements and unregistered sale deeds. The Petitioner's claims also conflicted with statements made in the Petition, which described the purchase of land in the mid-1990s with the intention of building a hut and selling food, followed by a later agreement for a shop in the developed structure.

 
 

The case also involves allegations against the 4th Respondent regarding misuse of political influence, a claim consistent with previous cases. The primary focus of the Petition is the building's structural stability, an issue already addressed in a prior related petition (Writ Petition No. 8277 of 2021). The Petitioner seeks several outcomes, including the quashing of orders by the Technical Advisory Committee (TAC), the annulment of certain notices, and the appointment of an independent structural engineer to assess the building's safety.

The Petition was ultimately rejected due to inconsistencies in the Petitioner's submissions, including failing to mention pending civil suits and ad interim orders related to the same issue. The lack of disclosure regarding these legal proceedings was deemed a sufficient reason to dismiss the Petition.