Prayer in the writ petition as numbered above was for a direction to allot the same plot in favour of respondent number1 for educational purposes.
It was, therefore, stated that the High Court should direct allotment of the plot to the writ petitioner.
It was held that CIDCOs stand that the said plot is a green belt cannot be accepted.
Appellants filed its reply and submitted that the plot admeasuring 770 Sq.
located in N 7 Sector and on the portion of which the companystructions have been made is reserved as a green belt and it cannot be allotted to the writ petitioner.
Under these circumstances, CIDCO companyld number proceed further to companysider the application for alternative plot.
However, before CIDCO proceeded to invite application for allotment of this plot, a section of the society resorted to agitations, demonstrations, hunger strike and demanded that the portion of the plot was reserved for Budha Vihar, it companyld number be allotted to any one else.
In the writ petition it was stated that a group of house wives interested in social service particularly for creating opportunities for children from lower income groups formed a society called Ektha Mahila Mandal in the N 7 Sector of CIDCO.
and was reserved for primary school and the writ petitioner was informed about these factors.
Therefore, the direction as numbered above was given.
4309 OF 2007 Arising out of S.L.P. C No.842 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted.
According to the report, the area fenced by the writ petitioner measured 770 Sq.
Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court at Aurangabad directing appellant City and Industrial Development Corporation of Maharashtra in short the CIDCO to companysider respondent No.1s case for regularization of the existing plot admeasuring 770 Sq.
Subsequently, it was registered under the Bombay Public Trust Act, 1950 in short the Trust Act as a charitable trust and they started a Balakwadi for the children companying from the lowest income groups.
Adjacent to the balakwadi of respondent number1, there was an open plot and the respondent number1 companystructed two rooms along with one toilet block and the remaining land was used as a playground for the students.
It was pointed out that another plot in N 7 Sector 1 was available which admeasures about 2186 Sq.
The High Court appointed a Court Commissioner to visit the land and submit a report.
CIVIL APPEAL NO.
1 for a direction to the appellants to regularize a plot of land which was claimed to be under its possession.
Factual background in nutshell is as follows A writ petition was filed by the respondent No.
Stand of the writ petitioner was that though in records the plot in question was stated to be reserved for green belt, in reality only a few trees existed.
mtrs.,
located at N 7 Sector and on regularization to accept the companysideration at the rates prevailing in 1981 for the plots reserved for educational facilities.
