IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION (CIVIL) NO.. 335 OF 2007
IN
CIVIL APPEAL NO. 2352 OF 2005

IN THE MATTER OF:

Sabir Siddiq Malik .....Appellant

Versus

Bombay Environmental Action Group & Ors. …….Respondents

AND IN THE MATTER OF :

Sabir Siddiq Malik
Residing at Rajiv Gandhi Chawl
Committee, Gautam Nagar
Akurli Road, Kandivli (East)
Mumbai-4000101. …………..Petitioner/Applicant

Versus

To, Dated : 17/07/2009

The Collector,
Mumbai Suburban Districts,
Bandra(E), Mumbai.400051 ....Contemnor/Respondent
 PETITION UNDER SECTION 12 OF THE
CONTEMPT OF COURTS ACT FOR INITIATION OF
CONTEMPT PROCEEDING AGAINST THE CONTEMNOR

To

The Hon'ble the Chief Justice of India and His

Companion Justices of the Supreme Court of India
Petition on behalf of Sabir Siddique Malik in pursuance of the
Supreme Court Order dated 8/5/2009 in Civil Appeal No. 2352/2005,
for consideration of his and other persons claim and grievances.

Dear Sir,

With due respect the undersigned is moving the present petition for your kind
consideration and consideration of his and other similarly situated persons' claim
and grievances in the circumstances set forth hereinafter.

1. That the petition is being filed in pursuance of the Supreme Court order
dated 8.5.2009 in Civil Appeal No. 2352/2005 in terms whereof the Hon'ble
Supreme Court has varied and modified the judgment and order dated
15.9.2003 passed by Division Bench of the Hon'ble High Court of Judicature
at Bombay in Writ Petition No. 305 of 1995. The Hon'ble Supreme Court
has granted liberty to all affected persons including the petitioners to move
any statutory authority having the jurisdiction to decide the claim and
grievances within a period of four months. Further, the Hon'ble Supreme
Court has by virtue of the instant order caused the powers and functions of
various committees setup by the Hon'ble High Court during the hearing of
writ petition No. 305 of 1995 to be and has observed the claims and
counter-claims and other grievances to be heard and decided by the
statutorily provided competent authorities in respect of affected persons'
claim of their rights over the lands in question before the Hon'ble Supreme
Court of India.
2. That in the backdrop of above decision of the Hon'ble Supreme Court in
Civil Appeal No. 2352 of 2005, copy of which is annexed herewith for your
ready reference, the petitioner present the claim before your goodsel for
your kind consideration in the following paragraphs.
3. That the petitioner and several other persona are residing for over last 50
years on a piece of land falling in Survey No. 239/2 of village Malad. The
sand piece of land is adjacent to the boundary of Sanjay Gandhi National
Park which was notified to be constituted on 4.12.1983 under Section 35
(1) (2) of the Wildlife (Protection) Act, 1972. The petitioner and several
other persons are residing and Bhim Nagar for over more than 50 years.
4. That a notification was issued on 16.1.1996 whereby, a final notification
was put into effect u/s 35 (4) of Wildlife (Protection) Act, 1972 for the
purposes of Constitution of the National Park and in the schedule to the
said notification the same was declared to be Sanjay Gandhi National Park.
As per the notification the park was to cover and area of 21,490 acres of 27
villages in Mumbai Suburban and Thane districts.
5. That the whole dispute arose with regard to the, Forest Department's claim
over the land upon which the petitioner and other persons have been
residing and still rending for a very long-long time. The claim of the Forest
Department has been based on wrong measurement and faulty map
prepared by it of the entire area The claim of the Forest Department over a
land area admeasuring about 216 acres adjacent to the boundary of the
Sanjay Gandhi National Park was totally illegal since the same was in excess
of what was provided by virtue of the notification dated 16.1.1996.
Although demand was made by the petitioner for measurement and
demarcation of the disputed area even while the writ petition No. 305 of
1995 was pending before the Hon'ble High Court, the demand was turned
down and the map prepared by the Forest Department which was without
measurement of the area, was given finality Consequently, the petitioner as
well as other persons had to suffer the hardships of displacement and
partial demolition of their housing structures and hutments which was
purely illegal and without jurisdiction. It is once again reiterated that the
petitioners and other persons' housing structures and hutments are
 standing on a private land which has never been either acquired under
Indian Forests Act or under Maharashtra Private Forests (Acquisition) Act,
1975 as the same land is not a forest land. The fact that the land in
question is not a forest land has been. also decided by the Maharashtra
Land Revenue Tribunal and therefore, the same was not acquired, for the
purposes of inclusion into Sanjay Gandhi National Park in the final
notification dated 16.01.1996.
6. That while the writ petition No.305 of 1995 was pending Shri Rahidas Patil,
Minister for Housing, Slum Development, wrote a letter dated 29.1.2008 to
the Advocate General asking him to pray to the High Court seeking
adjournment seeking adjournment as survey of some disputed land had
been ordered and since until this survey is completed, the case could not
be argued.
7. That vide letter dated 23.3.2001 a City Survey Officer, Malad, informed that
joint survey work commenced earlier but was stayed by decision of
meeting headed by Minister of Revenue and Forest Department.
Surprisingly, the copy of the map of land demanded by the petitioner could
not be furnished, In this continuation sometime in the last week of March,
2002. the Collector of Mumbai Suburban Districts had a meeting with Shri
V.P. Singh, Former Prime Minister and the then Collector had categorically
informed that his office has not surveyed the area of Sanjay Gandhi
National Park and no such map was prepared by his office. Thu demolition
was in pursuance of and as per the map prepared by the Forest
Department which was totally wrong and defective. That on 6.4.2002, the
former Prime Minister Sh. V.P. Singh wrote a letter Lo the Collector,
Mumbai Suburban Districts seeking urgently copies of measurement sheets
and, the map of measurement register No. 1186/97 of Survey No. 239/2
C.T.S. No. 827 of Malad Division, Borivali District, That during the meeting
on 9.5.2002 under the Chairmanship of Hon'ble Chief Minister Shri Vilasrao
Deshmukh, a committed was appointed to look into the claim that the
forest department is in possession of land in excess by 216 acres from out
of the total area acquired under the notification.
8. That the then Collector. Mumbai Suburban Districts submitted a report
dated 15.5.2002 of the committee appointed by Chief Minister to ascertain
area of Survey No. 239/2 of Malad in possession of the Forest Department.
As per the report submitted by the committee the forest department held
about 200 acres more land than the area of 843 acres given in consent
decree. Following observations of the Collector are worth noticing.
"It was noticed that the map annexed to the consent terins
was prepared by a private surveyor of F.E. Dinshaw and was
agreed in the said writ petition, The map annexed to the
Consent Terms in the writ petition pertaining to village Malad
is larger than the village map. The area of 848 acres 20 gunthas
12 annas belonging to the Forest Department as mentioned I
the writ petition (vis. W.P. No. 1465 of 1975) is to be
confirmed, a physical sürvey on actually going on the land and
taking measurements of the whole area, including in Survey
No. 239/2 will have to be made.
9. That on 22.11.2002 the Hon’ble Chief Minister sent the copy of the report
dated 15.5.2002 prepared by Collector, M.S.D. as regards area of Survey
No. 239/2 of Malad as ascertained by the committee to Shri V P. Singh,
Former Prime Minister.
10. That on 11.3.2003 in pursuance of the Notice of Motion No. 145/2003 in
Writ Petition No. 305 of 1995, Shri P.P. Yeduvundu. Conservator of Forests,
Wild Life, Sanjay Gandhi National Park filed an affidavit in support of the
notice of motion. It was admitted that the forest department is holding
1100 acres instead of 848 acres of Survey No. 239/2 The Committee
appointed by Hon'ble Chief Minister, headed by Collector, M.S.D. to
ascertain the area of Survey No. 239/2 reached a conclusion that there is a
reasonable possibility of there being an excess arces in possession of the
forest department.
11. That in this backdrop it in humbly submitted that the survey of area of
Survey No. 239/2 village Malad is required to be done for the purposes of
ascertainment and demarcation of the land area which is in possession of
the forest department which is notified to be part of the National Park and
 further, other remaining areas which is purely private land which are in
possession of the petitioner and other persons residing on the area for
more than 50 years
12. Late Mr. Siddique Malik who is one of the legal heirs shifted to Malad area/
Aarey road and was residing in M.H.No.222 Upadhyay Chawl. His name was
shown in the voter's list which was published on 20.12.1960-19:9.1964.
13. Presently, the applicant who is son of late Mr. Siddique Malik had acquired
the domicile certificate showing that he was residing in the same area in
Bombay and he was claiming his right even in the petitions which were filed
by Bombay Environmental Action Group and others being Writ Petition
No.305/1995 and was also agitating his claim before the Hon'ble Supreme
Court of India by filing S.L.P. No. 24042 of 2003 and Civil Appeal No.2352 of
2005.
14. On 18.10.1969, the Land Acquisition Officer of National Park had given the
document showing that the land situated in Malad area was belonging to
the late father of the applicant and it was also reflected that the area of the
land was admeasuring 220 acres and bearing Survey No.239/2, situated in
District and Taluka Borivali.
15. There is pedigree of Mr. Rehman Malik, which has been shown by an
affidavit of the applicant, which was done in the year 1981.
16. One affidavit was also sworn in by the applicant on 23.4.2014 that the land
was belonging to Mr. M.R. Malik earlier.
17. Earlier, Your Honour hao directed the District Superintendent of Land
Record, Borivali as well as the Tehsildar of Malad Village to give information
under RTI on an application submitted by the present applicant on
27.12.2013.
18. That under the Land Revenue Code, one amendment is found stating that
Mr. M.R. Malik was granted land in Maratha region since 1800 and after
the death of Hasina
19. Begum, the Central Government was trying to claim the land saying that
the land was belonging to Ministry of Defence and declaration of
title/ownership. This shows that the land was belonging to Mr. Rehman
 Malik, and some of the portion of the land has already been taken over by
the Government of India for Military use.
20. The contention of the applicant has been from very beginning before the
Hon'ble Supreme Court of India that the land bearing Survey No.239 and
CTS No.827 were agricultural land and private land and it was not a land
belonging to Sanjay Gandhi International Park or belonging to Forest
Department and this contention is now confirmed by the City Survey
Officer, Pune that the land was private land and on the basis of the consent
terms entered into Government of Maharashtra and other occupants, it
was already decided in the Writ Petition No.1465 of 1975.
21. The applicant had also filed one L.A. No.1/2003 in S.L.P. No.24042 of 2003
wherein the Hon'ble Supreme Court was pleased to grant stay and directed
to maintain status-quo only with respect to the land belonging to the
applicant.
22. The District Collector had communicated to the Additional Chief Secretary,
Revenue and Forest to take appropriate actions as per the directions of the
Hon'ble Supreme Court with regard to the land bearing Survey No.239/
23. It appears that the grievance of the applicant is still not resolved and the
applicant is just moving from pillar to post, still the mutation of entry in the
revenue record is not undertaken in favor of the applicant qua the land
bearing Survey No.239/2 CTS No.827.
24. The applicant, therefore, is approaching to this Office on following main
contentions:-
25. That there are ample evidences showing that the land bearing Survey
No.2391 is not the Government land but it is a private agricultural land.
26. Similarly, the land bearing Survey No.239/2 is situated in the area of Sanjay
Gandhi National Park, as such this is based on the details available with the
City Survey Office and Government of India at Pune.
27. There is also amble evidence that originally, the land was belonging to Mr.
Ambar Malik and the applicant is related to the said family.
28. Your Honour was pleased to direct the different Government authorities for
complying the order passed by the Hon'ble Supreme Court in the
 proceedings initiated by the applicant challenging the judgment of the
Hon'ble High Court of Bombay in the case of Environmental Action Group.
29. Other relevant documents, like election card, tax payment receipts,
domicile certificate, ration card and such other documents clearly go to
show that the applicant's father was not only occupant but was also owner
of the land in question. It is relevant to mention that along with the
applications, all relevant documents were also submitted, which included
DCR-1999 with plan, DP Plan, Site Plan-Big, Site Plan- small 1+1, G.R. 23
September 1999, G.R. of Maharashtra Government from 1972 sew law kar
to 1991, G.R. MUTP, G.R. dated 28.11.1993 and 2.5.2008, Sub- By S. Malik
dated 17.7.2009, judgment dated 28.1.2010, D.P. remarks, ULC- Ukral, Sub-
By A.G. Ghag and Maharashtra Private
30. The applicant has been claiming his right not only before the authorities at
Bombay but the authorities at accepted the fact that the applicant was
staying from last 30 years on the land in question. As such, this finding has
been given by the officer of Forest Department viz. Anand Bharti. From the
aforesaid submissions and relevant documents which are already supplied
to Your Honour, it could well be established that the applicant has been
staying for more than 48 years on the land in question.

In view of the submissions made hereinabove, it is therefore, prayed that name of

the applicant may be mutated in the revenue record (City Survey Record)/
Property card qua the land bearing Survey No.239/2 and 827 situated in Malad
Village (E). Akurli Road, Kandivali (E), Mumbai.

And for this act of kindness, the applicant shall be obliged

forever.

Supreme Court of India

Adv. S.K Chaudhary.

DOCOMINT ALL DOCOMINT GOVEMERMENT

1. CITIZEN OF INDIA MOHD. SABIR MALIK FATHER SIDDHIK MALIK C.NO

1434/06
2. ADHAAR CARD No 3070.9355-8285
3. INCOMETAX PAIN CARD NO ATAPMAISZE
4. MOTHER DATE NAME SOGARA KHATUN DTEE 01.02.2003
5. HASBAND MAME SIDDHIK MALIK DONO DATED
6. JATI PARMAN PATR. SUGOLKAST BIHAR NAWADA
7. VID VANSHAWALI 10.03.1981
8. DEVELDIMENT OF CORPORATI ON MAHARSHTRA BOMBAY At 08.10. 1975
TO SIDDHIK MALIK (E) BOMBAY
9. From GOVARMENT OF MAHARSHTRA BOMBAY 400032
10. To SABIR MALIK B BND-LHD-43 DATED 11.07.1985
11. BRIHANMUBAI MAHANAGARARPALIKA NO ELECTION 1013. CERTIFICATE
12. NAME: SIDDHIK ABDUL MALIK FROME 1960UP 19TH DECIOM 1964
13. BOMBAY MUNCIPAL CORPORATION NO.03.03.1963/64
ADICIAL COLLECTOR OFICEC BOMBAY 10 MARCH 1963
14. 1894 SANJAY GANDHI -RATAY UDIAN SIDDHIKMALSK 1969
07/12 1980. 239, MALAD ITI 2005 के अन्तगगत 1980.
15. 07/12 MALAD (E) 239 TAX paid 3763711 रु साइततस ऱाख ततरसठ हज़ार
सात सौ ग्यारह मात्र दिनाांक 17.06.2002 171 ITI