NAGPUR IMPROVEMENT TRUS Vs. RAJABHAU

JUDGEMENT

(1.) Heard. Heard finally by consent of the learned Counsel for the parties at the stage of admission.

(2.) It appears that the Nagpur Improvement Trust filed Regular Civil Appeal No. 551/2015 before the learned Special Judge, Special Court (for Differently Abled Persons, Senior Citizens and Marginalized Sec. of Society), Nagpur being aggrieved by the judgment and decree dtd. 03/05/2003 in Special Civil Suit No. 484/1998 passed by 2nd Joint Civil Judge Senior Division, Nagpur. By the said judgment, Nagpur Improvement Trust was directed to deliver the possession of suit open space land to the plaintiffs for the management as a Trust for public purposes for the use by colonizer in the sanction layout plan. Liberty has also been granted to the defendant No. 1 i.e. Nagpur Improvement Trust to get open space land transferred in its favour after paying the market price as prevalent on the date when the sanction layout plan was accorded.

(3.) Learned Counsel for appellant pointed out that in view of the judgment of the Hon'ble Apex Court, the learned Appellate Court ought not to have remitted the matter back or ought to have decided the same by itself.