DNA / Mayura Janwalkar / Thursday, November 4, 2010
Exposing the tactics used by land sharks in the city, a commercial complex in Chakala, Andheri, purportedly with a car-parking capacity of 170, is caught in a legal battle as the part owners of the land have alleged that it is being developed without their consent by committing fraud.
Nearly 40 years after Mansukh Rathod first filed a suit claiming his right over half of the 3510.78 sq m plot, his legal heir has been able to restrain their opponent from exploiting the property with the Bombay high court’s intervention.
Rathod’s daughter Minakshi Pitroda had moved the high court in 1996 after her father’s death in 1980 contesting the sale of the property Govind Moti Building to Rajendra Builders by the heirs of her father’s partners.
The disputed property is worth Rs37 crore according to the ready reckoner in which Pitroda and her brother are seeking a share of Rs18.5 crore and damages of Rs2 crore.
Since 1971, the first round of litigation between Pitroda’s father and his partner, Pitroda’s court record states, the litigation has been circuitous. But with the help of the Right to Information (RTI) Act, 2005, what Pitroda and her husband Mahandra learnt, they said, has been shocking.
An affidavit of November 25, 2003 signed by six heirs of Mansukh Rathod’s partner Virji Rathod was submitted to the city survey officer stating that the property title holders of the Govind Moti Building are dead and the property card now stands in their name. However, what RTI also revealed is that three of the six who signed the affidavit Savitaben Rathod, Devchand Rathod and Kantilal Rathod had died in 1998 and 2001.
Chief justice Mohit Shah and justice DY Chandrachud directed the builders not to hand over possession of the commercial premises to third parties.
They said, however, that the construction can be continued. Pitroda’s advocate Rajendra Bhagattjee said that the court has admitted the petition and listed it for final hearing on December 7.
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