HC sets aside 2020 decree favouring pvt firm

K A Y Dodhiya

MUMBAI: The Bombay high court on Wednesday set aside a consent decree it had passed in October 2020 in favour of Adarsh Water Parks and Resorts Pvt Ltd, saying the party had fraudulently obtained the decree for developing over 6,000 acres at Kanjurmarg. The plot includes the 102 acres earmarked for the Metro car shed.

The HC passed the order after hearing objections of the state, the Centre, and the Brihanmumbai Municipal Corporation (BMC) that they owned parts of the land and the decree had not taken their claims into consideration.

The court, however, clarified that it had not ascertained the quantum of the land owned by the three parties and allowed them to approach the appropriate authority.

A single-judge bench of justice A K Menon, who heard the state’s interim application in the suit filed by Adarsh Water Parks, was informed that though it (the state) owned around 1,800 acres, it was not made a party to the suit and it came to know of the decree only in 2021.

The state had claimed in its affidavit that the private firm and some persons, who were party to the suit, had hidden the information of its ownership of 1,800 acres from the court and obtained the decree for developing the 6,000 acres which comprised the entire Kanjur village. The state counsel had said that in light of the decree being obtained fraudulently, it should be set aside.

The Union government had also filed affidavits stating that the decree was obtained fraudulently and should be deemed void ab initio as the suit did not make the Centre, the state, or the civic body a party though they were owners of parts of the land.

The affidavits had sought that the consent terms in the decree be set aside and a declaration be issued that they were not bound by the decree. The centre owns around 120 acres of the land in question.

The BMC had in its affidavit claimed that it owned parts of the land including 118 hectares for a dumping ground and also showed the reservation in the development control and promotion regulations 2034 for schools, playground, community centre, among others.

The bench concluded the hearing on June 14 and pronounced the verdict on Wednesday. “The consent decree is the product/result of fraud,” it said.