ABHINAVA SAHAKAR EDUCATION SOCIETY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. BY the present petition, the petitioner is challenging the notification dated 24th April, 1992 stated to have been published on 7th may, 1992 in exercise of powers under Section 31 (1) of the Maharashtra Regional Town planning Act, 1966, thereinafter called as "the said Act", as also seeking direction to restrain the respondents from executing or acting upon the said notification and further directing the respondents to restore the reservation of plot bearing No. 341 at MIG colony, Gandhi Nagar, Bandra (East) , mumbai - 400 051 for "school and Cultural centre".

(2.) The facts relevant for the decision in the matter are that, the petitioner-society, which is registered under the Societies Registration Act, 1860, was allotted a plot of land admeasuring 7224 sq. yards bearing part of Survey No. 341, situated at Gandhi nagar, Bandra (East) , Mumbai. The respondent Nos. 4 and 5, with the consent of the respondent No. 2-BMC in February, 1965, under a resolution granted the said plot of land in the form of a lease for a period of 99 years on a premium equivalent to the price then fixed and payable annually by way of instalments. On the meas-urement of the plot, the area thereon was found to be 7301. 25 sq. yards. When the petitioner-society proposed to construct a school building thereon, it was revealed that the area in question was reserved for a play ground in the draft development plan. The same was brought to the notice of the predecessor of the respondent Nos. 4 and 5 by the petitioner by its letter dated 28th May 1968. In answer, the petitioner was asked to get the user of the land changed in accordance with the provisions of law. Meanwhile, the said Act had come into force since 20th December, 1966. Consequently, the petitioner moved for change in user of the land of the suit area which was processed in accordance with the provisions of the said act, and ultimately, a Notification dated 10th April, 1985 in exercise of the powers under Section 37 (2) of the said Act came to be issued and the same was published in the Government Gazette on 25th April, 1985. By the said notification, the land admeasuring 6103. 53 sq. meters, out of the survey No. 341 (Part) of Bandra, was excluded from the site reserved for the play ground, and the land so released was earmarked for the school and cultural centre in the development plan of the area.

(3.) It is the case of the petitioner that by letter dated 15th November, 1978, the housing Secretary of the respondent No. 1 and the Chief Executive Officer and Vice president of the Maharashtra Housing and area Development Authority- the respondent No. 4, addressed to the Secretary of urban Development Department of the respondent No. 1 had requested for modification of the draft development plan showing the user of the said plot for school purposes. By the letter dated 1st January, 1979, the senior Town Planner of the Bombay Metropolitan Regional Development Authority called upon the petitioner to furnish certain details and plans, which was duly complied with. By the letter dated 12th November, 1979 addressed to the Personal Assistant to the Minister for Education, his intervention was sought for the necessary change in the user of the land for the purposes of school. By the letter dated 10th august, 1983, the Under Secretary to the urban Development Department of the state, the respondent No. 1, informed the petitioner that the instructions to the bombay Municipal Corporation had been issued for change of user of the said plot for school purposes. In February, 1984, the Bombay Municipal Corporation passed the resolution sanctioning user of the said plot for the petitioner-society for the purposes of a school, and consequently the said notification dated 10th April, 1985 came to be issued. The fact about the change of user of the said plot was also confirmed to the petitioner by the letter dated 15th April, 1986 written by the Executive Engineer, town Planning (Division Plan) of the respondent No. 2.