SANJAY SAWANT Vs. CHHATRAPATI SHIVAJI MAHARAJ SMARAK SAMITI

JUDGEMENT

(1.) The appellants were unsuccessful in challenging the entrustment of the subject land on caretaker basis or construction, management and maintenance of 'playground' to Chhatrapati Shivaji Maharaj Smarak Samiti (Respondent no. 3) before the learned Single Judge as their writ came to be dismissed by order dated 9th October 1996. Hence this Appeal.

(2.) The subject piece of land admeasuring 2 acres (8261. 90 sq. mts. ) comprises of the land bearing c. T. S. Nos. 256 (part) , 257, 258, 260 (part) , 261, 262, 263 (part) , 269 (part) , 270, 271 (part) and 272 (part) and is situate at Vile Parle (East) , Mumbai. In the revised final development plan sanctioned by the government of Maharashtra of the K (East) Ward, Mumbai which came into effect from 29th December, 1992, the subject plot was reserved for 'playground'. However, in the notification dated 12th November, 1992, the subject land was shown as reserved for 'park' but by the corrigendum notified on 1st January, 1993, the error was corrected by showing the subject land reserved for 'playground'.

(3.) The Municipal Corporation of Greater Mumbai (for short, 'the Corporation') decided to develop this plot which belonged to them for combined use of park and swimming pool/sports complex vide their resolution no. 1203 dated 25th February 1988. At that time in the existing development plan of 'k' East ward, the subject land was reserved for 'park'. Dr. Ramesh Prabhoo who is president of Chhatrapati Shivaji Maharaj Smarak Samiti (respondent no. 3) was Mayor of Bombay during that time. That he was keen to develop the subject plot into swimming pool and sports complex is not in dispute. After he ceased to be Mayor, he was elected to the maharashtra Legislative Assembly and continued to pursue the Corporation and its authorities for the construction of swimming pool and the sports complex at the subject site and the allotment of the said land to him for development on behalf of the Corporation. In the year 1992, he founded the Association/society by name 'chhatrapati Shivaji Maharaj Smarak Samiti' (Respondent no. 3) and was finally successful in having the subject land entrusted to him in the name of the Society on caretaker basis for the construction, management and maintenance vide agreement dated 15th March, 1996. The possession of the said plot was given to the respondent no. 3 for the aforesaid purpose on 22nd June 1996.