SURENDRA RAMLAL TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the challenge is to action of Respondent No. 2 in allotting land reserved for Primary School, Secondary School and Playground to Respondent No. 4 Educational Institution/ Trust. The petition has been accepted as Public Interest Litigation as per orders of the learned Senior Judge on 02.12.2010 and on 06.12.2010 notices were issued to the other side.

(2.) The facts briefly stated are : The reservation is on Khasra No. 12 of Mouza Bhamti included in Bhamti Parsodi Street Scheme of Nagpur Improvement Trust (respondent 2 herein) and as per Development Plan sanctioned in the year 2001, it has reservation No. SW 164 for Primary School on area 0.176 H. Reservation No. SW 165 is on Area 0.352 H. for secondary School and reservation No. MSW 16 for playground is 1.1136 H. The remaining reservation is for 9 mtrs. x 12 mtrs. wide road and residential purpose.

(3.) The prayers in the petition are to quash an advertisement dated 29.03.2010 with its corrigendum issued later and the subsequent tender notice similarly published in September 2010. The petitioners before this Court are the residents of the area. Petitioner No. 1 is a Lecturer while petitioner No. 2 is an association of local residents formed for saving the said playground.