Bombay High Court

GHANSHYAMBHAI MAGANLAL CHOTALIYAversusMAHINDRA AND MAHINDRA EMPLOYEES CO-OP.HO.SOC.LTD. THR. SECRETARY AND OTHERS

Decided: 12 June 2026
Disposal: Disposed Off
Bench: SHARMILA U DESHMUKH

Holding

The court held that the municipal corporation must allow both the plaintiff and the society to participate in the acquisition proceedings, consider their documents, and that the interim application is dismissed.

Summary

The appeal concerned the right, title and interest in a suit property slated for acquisition by the Municipal Corporation for road widening. The appellant, who is also the original plaintiff, argued that despite a pending title suit, he should be allowed to participate in the acquisition proceedings and submit ownership documents. The respondent society consented to such participation provided it and the corporation were furnished with all relevant documents. The court noted that compensation considerations require the corporation to examine ownership documents and that any adverse order could be challenged later. Accordingly, the court directed the corporation to permit both the plaintiff and the society to appear, submit documents, and be heard before any order is passed. The interim application was dismissed and the appeal was disposed with these directions.

Issues considered

Whether the plaintiff/appellant may be permitted to participate in the municipal corporation's acquisition proceedings despite a pending title suit.
Whether the corporation must consider ownership documents and allow the society (defendant No.1) to be heard in the acquisition process.
Whether the interim application seeking relief survives for consideration.
Whether private negotiations between the corporation and the society without notice to the plaintiff are permissible.

Subjects

municipal acquisition
right to title
road widening
compensation
interim application
participation in proceedings
pending suit

Judgment

                                                          36-AO-843-2024.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                  APPEAL FROM ORDER NO. 843 OF 2024
                                WITH
                INTERIM APPLICATION NO. 15048 OF 2024
                                 IN
                  APPEAL FROM ORDER NO. 843 OF 2024



Ghanshyambhai Maganlal Chotaliya                         ...Applicant/
                                                         Appellant
          Versus
Mahindra And Mahindra Employees Co-p.Ho.Soc.Ltd. ...Respondents
Thr. Secretary And Ors.

                              ——————
Mr. Rahul Kedar i/b Mr. Chirag Gandhi, for the Appellant.
Mr. Uday Jaguste a/w Mr. Rishikesh More, for the Respondent No. 1.
Ms. Neeta Jadhav i/b Ms. Komal Punjabi, for the Respondent-BMC.
                              ——————

                             CORAM : SHARMILA U. DESHMUKH, J.
                             DATE    : June 12, 2026


P. C. :

1.        The issue involved in the present case is of right, title and

interest in the suit property which is subject of proposed acquisition by

Municipal Corporation for the purpose of road widening.

2.        Learned counsel for the Appellant/Original Plaintiff submits that

based on revenue entry, the Trial Court has accepted the case of

ownership of the Defendant-society and rejected the Interim


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Application. He submits that as the acquisition proceedings have not

yet commenced, the Plaintiff be permitted to participate in the

acquisition    proceedings   and    submit   necessary   documents     for

consideration of the Corporation.

3.     Learned counsel for the Respondent No. 1 submits that it has no

objection to the participation of the Plaintiff in the acquisition

proceedings provided the Defendant No. 1-society is heard in the

acquisition proceedings and is supplied with copies of all documents to

be furnished by the Plaintiff in the acquisition proceedings.

4.     As the issue is about payment of compensation for purpose of

acquisition, the Corporation is required to take into consideration the

ownership documents. The Suit for title is pending before the Trial

Court, and in event, any order is passed by the Corporation, the

aggrieved party can raise necessary challenge in appropriate

proceedings.

5.     In light of the consensus arrived at between the parties, Appeal

from Order is disposed of with direction to the Municipal Corporation

to permit the Plaintiff and Defendant No. 1 to participate in the

proposed acquisition proceedings and produce all documents in

support of their claim and pass an order after hearing Plaintiff and

Defendant No. 1. With these directions, Appeal from Order is disposed

of.


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6.     Interim Application does not survive for consideration and

stands disposed of.

7.     Needless to clarify that there should be no private negotiations

between the Corporation and Defendant No. 1-society for the purpose

of handing over possession of suit property without notice to the

Plaintiff.



                                     [SHARMILA U. DESHMUKH, J.]




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