SC has thrown out Mumbai's Gundecha Builders' claim, upholds Rs 1 crore fine

Q: In a major failure to Gundecha Builders, the Supreme Court has thrown out its appeal to challenge a Bombay high court order that held as completely fake, the builder's claim over 25 acres of prime land in Goregaon west.

Lalit Verma, Mumbai

2nd February 2016

Builder Review in Goregaon West, Mumbai

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Replies (3)

Hi everybody,
The HC had also dismissed an application made by Kusum Shinde, Dhanesh Shinde, partner of Gundecha Builders and Paras Devraj Gundecha against MHADA for the 60:40 settlement, with 40% in their favor.

Supratim,

2nd February 2016

Comment

Hi all,
Good job by HC. I think these kind of people should treated like that. Gundechas had claimed unfavorable possession of the large property and said they got possession in 1944. But the HC after hearing their appeal against a city civil court order, had not only dismissed its suit for possession of the land, but ended the litigation that began in 1979, by slamming its attempt at trying to grab huge government land.

bachu singh,

2nd February 2016

Comment

It is also come t know that the state had taken a decision to give the land to Mhada for constructing houses for the lower and middle income people. After observing that SC said that this land is going to be used for public purpose. It is not physically possible for the Government to supervise the land especially in Mumbai when the land is aggressively encroached by the people due to over population.

Miraniyatin, Mumbai

2nd February 2016

Right Miran,
HC also noticed that how when schemes are launched for public cause, it is obstruct instantly either by the slum lords or by encroachers by approaching the Court and by frame up the facts and documents.

bachu singh,

2nd February 2016

Now, government and Courts taking some immediate actions to stop these practices. Really, these attempts are required to be defeated, otherwise public cause gets frustrated and the land is grabbed by encroachers illegally only on the basis of muscle power. To preserve the land of the government for public cause for which it is reserved, is the duty of the Court to uphold the law.

Sashidharan,

2nd February 2016

Hi Lalit,
Actually, HC found the builders' claim to be deceive in nature and fake with the only intention to grab the land with the help of some government employees which ought not to be allowed.

Sashidharan,

2nd February 2016

Comment

Hi Sashidharan,
The builder had rushed to HC decision of December 23, and his counsel P Chidambaram and Kevic Setalvad argued that the HC order was wrong and sought permission to appeal against it. But a bench of justice dismissed its appeal and directed the builder to pay the fine amount within 4 weeks.

Miraniyatin, Mumbai

2nd February 2016