The Bombay High Court on Wednesday stayed an order for the construction of an integrated Metro car shed system, in a blow to the Uddhav Thackarey government. The October 1 order was passed by Mumbai suburban district collector, allotting 102 acre of salt pan land in Mumbai's Kanjurmarg area for the purpose.

A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni also held the authorities from executing any kind of construction work on the plot.

The Centre and the Shiv Sena-ruled government of Maharashtra are locked in a tussle over the ownership of the land allotted by the state for construction of the car shed. The plot was earlier earmarked at the Aarey Colony of Mumbai, a green belt of the city.

The Union government has filed a petition in the high court challenging the October 1, 2020 order passed by the collector allotting the land for construction of the car shed, and said the land belongs to its (Centre's) salt department.

“We cannot allow the collector's order of October 1, 2020 to continue. The order has to go. We are admitting the petition and granting relief as sought by the petitioner (Union government) in prayer clauses ‘h’ and ‘I’,” the bench said.

As per prayer clause 'h', the Union government had sought the court to stay operation of the collectors order of October 1, transferring possession of 102 acres of land to the Mumbai Metropolitan Region Development Authority (MMRDA) for construction of an integrated car shed for a Metro line.

In the prayer clause 'I', the Centre had sought an order from the court restraining the MMRDA from carrying out any construction work on the said land.

The court on Monday had suggested the Maharashtra government to withdraw the October 1 order.

On Wednesday, Advocate General Ashutosh Kumbhakoni, appearing for the state government, told the HC that the state was ready to withdraw the order and give a fresh hearing to the Union government, but the construction work would continue at the land.

Kumbhakoni told the court that presently soil testing work was on at the site.

The high court, however, noted that when it was of the prima facie view that the collector's order transferring possession cannot continue, then how can it allow construction work to go on at the said land.

The court on Wednesday granted stay and admitted the petition for final hearing in February.

The Maha Vikas Aghadi (MVA) government, comprising the Shiv Sena, NCP and Congress, had opposed the plea and said the land that has been allotted to the MMRDA for the Metro car shed is owned by the state government.

The Union government in its plea claimed the entire salt pan land in the area, including the 102 acres allotted to the MMRDA, belongs to the Centre's salt department.