PRAGATI MAHILA MANDAL Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) How far whip of Public Interest Litigation can be stretched and used is the moot and foremost question to be answered in this Appeal, arising out of judgment and order dated 16/17th July, 2001 passed by Division Bench of the High Court of Judicature of Bombay, Bench at Aurangabad in W.P. No. 925 of 1988 titled as Anil Tryambakarao Kokil (since dead) v. Municipal Council, Nanded and Ors. W.P. No. 925 of 1988

(2.) Appellant herein - Pragati Mahila Mandal, Nanded is before us challenging the said judgment and order passed by Division Bench, whereby and whereunder allotment of a piece of plot bearing Survey No. 42 of Village Assadullabad (Maganpura), admeasuring 75x 350 in its favour has been set aside and quashed as being illegal and void ab initio, with further direction to Respondent No. 1, Municipal Council, Nanded to take possession of the said plot together with building appurtenant thereto, within a period of eight weeks from the date of impugned judgment. Thumb nail sketch of the facts of the case is as under:

(3.) Appellant is a Charitable Trust duly registered under the provisions of Bombay Public Trust Act, 1950. On 14.10.1983, it made a request to Respondent No. 1 Municipal Council, Nanded (now Nanded Waghela City Municipal Corporation) for allotment of a plot, out of the lands belonging to it, for starting a school to provide education, especially for girls. Accordingly, in the year 1984, the Administrator, who was then holding the charge of the Municipal Council, vide Resolution dated 22.10.1984 allotted a plot admeasuring 75 x 350 bearing Survey No. 42 to the Appellant on a 60 years lease.