A bench of Justice S C Dharmadhikari and Justice Gautam Patel closed for order a bunch of petitions, including one filed by the trust against the state and the BMC. The trust's counsel Janak Dwarkadas said its long-standing lease, dating back to a 1946 decision, cannot be terminated without hearing it. The land, run over by slums, is also caught in other disputes over redevelopment projects, with the trust saying as lessees, without its consent there cannot be development by another society.
BMC counsel Anil Sakhare said in 1946, the civic body had merely decided to create a lease in favour of the trust for its encroached land. In 1966, the it was given the land on an "as is where is basis", he said, with a condition that in 18 months, it would construct buildings on it. The development never happened, said the BMC, and in 2008, it sought to terminate the "offer to lease". The BMC's case is that the trust must establish it is the lessee, which "can be done by filing a suit".
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