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This is an archive article published on March 25, 2010

‘Acquired for AAI unit,being used for rehab’: owners want land back

The former owners of two tracts of land in Dahisar and their heirs have moved the Bombay High Court for repossession,saying the land had been acquired for the expansion of an Airport Authority of India remote receiving station but no such expansion is taking place.

The former owners of two tracts of land in Dahisar and their heirs have moved the Bombay High Court for repossession,saying the land had been acquired for the expansion of an Airport Authority of India remote receiving station but no such expansion is taking place.

The petition says that instead,Mumbai International Airport Limited (MIAL) plans to use half the land to resettle encroachers on airport land,a fact conceded in an affidavit by the authorities.

Petitioner Anwar Hajee Cassum Agboatwala and other legal heirs say such a change of purpose is not acceptable,even if it is assumed that it is a public purpose.

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The original owner,Alimohammed Agboatwala,died in 1946. His wife moved a suit for administration of all his estates,including the 12 acres in question,after which a court receiver was appointed.

Later,the government started the acquisition,and the AAI was given possession in October 2007 with directions to remove encroachers in three months. The petition states 35 years have passed since the land was awarded to the AAI,and two years since it took possession,but no action has been taken since the purpose of expansion no longer exists. Even the existing remote receiving station has not been used for several years,it says.

Agboatwala has urged the court to call for the records,set aside the acquisition proceedings and hand over the land back to the court receiver.

The court has directed the state government and MIAL to file their replies.

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