CUFFE PARADE RESIDENTS ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioners are making grievance against the Government Resolution dated 8.1.1990 deciding to grant lease of the land in City Survey no.646 admeasuring 5736.77 sq.mts., Backbay Reclamation Block 5, Colaba Division, Bombay. The facts that are relevant and material for deciding this petition are that the petitioner no. 1 is an Association registered under the Societies Registration Act having residents of Cuffe Parade area as its members. The petitioner nos.2 and 3 are members of petitioner no. 1. The land admeasuring 5736.77 sq.mts. from Block no.5, Backbay Reclamation vests in the Government of Maharashtra. The State Government, by Resolution dated 12.3.1980 decided to grant lease of thi s land for a period of 99 years to the Bombay Municipal Corporation. The ground rent was fixed at Rs.l/- per annum. The Corporation was to pay an amount of Rs.5,01,965/- to the Government towards the cost incurred by the Government on reclamation and development of the plot in question. It was stated that the Corporation shall use the plot for a Municipal School and Playground only and for no other purposes whatsoever. The Corporation was to complete the construction of the School building on the plot within a period of four years from the date of possession. The Corporation accepted these terms and conditions, and therefore, possession of the land was handed over to the Corporation on 10.7.1980.

(2.) After the land was granted on lease to the Corporation, it appears that the Corporation did not construct the school building as per the terms and conditions of the lease within a period of four years. In this situation, Smt. Chandrakaladevi Somani Charity Trust of which the Respondent no.9 is the Chairman made a proposal on 6.12.1985 to the Municipal Commissioner to construct two school buildings on the said plot, one to be used by the Trust for secondary school and other to be given to the Bombay Municipal Corporation free of cost. This proposal was accepted by the Corporation. The acceptance was communicated by the Deputy City Engineer to the Somani Trust by communication dated 6.12.1985. It was stated that Your proposal to construct two school buildings on the abovesaid plot and allot one building to the Municipal Corporation to run a free Municipal Primary School and to manage the other building by your trust as a Secondary school is acceptable. It was further stated that both the buildings shall be first handed over to the Municipal Corporation free of cost duly completed in all respect out of which the building to be run and managed by your trust will be handed over to the Trust by the Municipal Corporation on nominal rent of Rs.l/- per month on such other terms and conditions that will be finalised by the Law officer of the Corporation in consultation with the Trustees." The Bombay Municipal Corporation addressed a letter dated 2.4.1986 to the Government of Maharashtra stating that though the Government has granted land to the Corporation on lease subject to the condition of Corporation constructing school building thereon within a period of four years, however the Corporation could not construct the school building on account of financial stringency. Recently, a proposal has been received from Smt. Chandrakaladevi Somani Charity Trust whereby they have offered to construct two schools, one to be managed by the Trust and the another to be managed by the Corporation. It was further stated in the letter that, it may be appreciated that on account of financial stringency, it may not be possible for the corporation to construct the school buildings in near future. If this offer of the Trust is accepted, the corporation would get the building free of cost for running Primary School. The Corporation, thus, requested the Government to accept the offer made by the Somani trust. In this background, on 8.1.1990 the Government issued a Government order. That Government order refers to the Government order dated 12.3.1980 by which lease of the land was granted to the Corporation. It also refers to the proposal made by the Somani Trust to the Corporation as also to the request made by the Corporation to the State Government and then recites thus:-

(3.) The petitioner no.l which is a registered society of the residents of the area was given possession of the suit plot of land by the Corporation on temporary basis for developing it as a children's park. According to the petitioners, on the land being handed over to the petitioners, it was developed as children's playground and an amount of Rs.2,50,000/-was spent for that purpose. Thus, the petitioners came to be in possession of that plot of land.