Bombay HC sets aside consent decree given to private firm in Kanjurmarg land case

The Bombay High Court set aside the consent decree it had given to a private firm in the Kanjurmarg land case.

The Bombay High Court on Wednesday set aside the consent decree that another bench had given to the private firm, Adarsh Water Parks and Resorts Private Limited in the Kanjurmarg land deal case. The court held that the firm had fraudulently obtained the consent order from another bench of the high court in October 2020 claiming development rights over 6,000 acres of land in Kanjurmarg.

Justice AK Menon said, “The consent decree is the product of fraud.”

The Maharashtra government found out that the land in Kanjurmarg was fraudulently taken over by the private firm while it was looking through documents to build a metro car shed on the land.

The Maharashtra government then approached the court on the matter. The central government which holds rights over certain portions of the land also agreed with the state government.

Justice Menon said the court was not apprised of the facts in 2020 and suppression of the facts had led the courts to pass the decree. He added, “I am not in the position to accept submissions by the respondents that this court is powerless. The consent decree is a product of fraud. There is more than meets the eye. I have no doubt in mind that fraud was played on the court itself.”

The bench in the order added that the manner in which the ex-directors of the firm signed the consent terms smacks of suppression of true facts.