"Fraud On Court": Bombay HC Sets Aside Consent Decree Granting Development Rights For 6K Acres Land In Kanjurmarg Village To Private Firm

Justice AK Menon said the manner in which the consent terms were circulated, and pending claims of other private parties suppressed from the court hearing the case back then, a huge fraud was played.

The judge added that it wouldn't have been difficult for the developer to check official government records to ascertain the true owner of the various land parcels.

Justice Menon further observed that neither the Maharashtra government nor the Union was made party to earlier proceedings despite obvious knowledge of their stakes in the land. Especially since the consent terms acknowledge land parcels were acquired by the state.

"Given the obvious difficulties, the court was prevailed upon to accept statements of the advocates, that the matter had been settled. There was a larger responsibility cast on the advocates to disclosed all the facts...Suppression of all these facts has led the court pass the order. Thus, undeniably fraud of a huge proportion has been played by suppressing the claims of various other parties. The consent decree is a product of the fraud."

The Court clarified that it has not dealt with the independent rights of the State, Union and other parties in the land.