NIRADHAR SWAVALAMBAN SAMITI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The Parties Petitioner No. 1 ('the Petitioner') is an educational trust established under the provisions of the Maharashtra Public Trust Act, 1950 , and runs schools for the benefit of students who are from the economically weaker Sec. of society. One such school run by the Petitioner is 'Nutan Prathamik VidyaMandir', which is stated to impart free education to about 568 students. Petitioner No. 2 is the secretary of Petitioner No. 1.

(2.) Respondent No. 1 is the Executive Engineer, Town Planning Department, which is an authority under the provisions of the Maharashtra Regional Town Planning Act, 1966 ('the MRTP Act') and is the authority which grants permissions for construction. Respondent No. 2 is the Commissioner, Nashik Municipal Corporation ('NMC'), and Respondent No. 3 is the Administrative Officer of the Department of Education of NMC. The factual context in which the Petition arises:

(3.) Respondent No. 1 had, vide an order dtd. 23/11/2020 ('the permission'), granted permission to the Petitioner for the construction of a building ('the said Building') on a plot bearing Gat No. 60 situated near Shivar Chunchle within the territorial limits of the Nashik Municipal Corporation ('the said plot'). It is not in dispute that the said plot is reserved for educational purposes. The Petitioner, post the grant of the permission, commenced construction and has completed construction up to the first floor.