HARIJAN LAYOUT SUDHAR SAMITI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition is an apt example as to how the statutory object secure preservation of Environment and Development of the residential colonies shown in the Master Plan, sought to be achieved by the State of Maharashtra under the Nagpur Improvement Trust Act, 1936. The maharashtra Regional and Town Planning Act, 1966, and the City of Nagpur Corporation Act, 1948, is defeated by the Authorities who lack of dynamism, aestheticism and enthusiasm for development and alienate the land/open space meant for Public utility.

(2.) BY this petition under Article 226 of the constitution of India, the petitioners 1 and 3 being Societies and petitioner No. 2 a Corporator, thus, the public spirited citizens, have questioned the legality, propriety and justifiability of the impugned Resolution dated 13th June, 1980, (Annexure V, at page No. 58) and the impugned order of allotment dated 21st May, 1985 (Annexure XXIII, at page 116 ).

(3.) THE Petitioner specified in para 2 of the petition that the instant petition is in the interests of the citizens of Nagpur in general and residents of Jaripatka, Mecosabagh Sindhi Colony and Nazul Layout and Harijan Colony etc. in particular and thereby it is in the nature of a public Interest Litigation. The petitioner No. 1-Harijan Layout Sudhar Samiti is a registered society under the Bombay Public Trust Act, 1860. The members of this Society are the residents of nazul Layout, Harijan Colony, and of mouja jaripatka, Tahsil and District Nagpur. The Petitioner No. 2 is a Corporator elected from Ward No. 58 to the Corporation of the City of nagpur. As such he represents the interest of the residents of Jaripatka which falls under Ward No. 58. The Petitioner No. 3 is an unregistered association of citizens residing in the Sindhi colony at Mecosabagh and as such they are also interested in the healthy planned growth of the north-East portion of Nagpur.