Respondents in the writ petition including the Club, the appellant herein, companytested the writ petition and according to them the numberification dated 10th of April, 1985 was a minor modification in relation to a specific plot of land of a development plan sanctioned by the State Government before the companymencement of the Act.
yards, bearing Survey No.
By letter dated 1st of January, 1979, the Senior Town Planner of the Bombay Metropolitan Regional Development Authority directed the writ petitioner to furnish certain details and plans.
According to the writ petitioner, however, on measurement of the plot, the area was found to be 7301.25 sq.
The same was finalized and the impugned numberification dated 24th of April, 1992 was issued and published on 7th of May, 1992, whereby the land in question was shown as reserved for the purpose of playground.
In February 1984, according to the writ petitioner, the Corporation passed a resolution sanctioning user of the said plot for the purpose of a school.
It was further pointed out that the draft development plan for the entire area was already prepared on 16th October, 1984 and after hearing the necessary objections and suggestion the revised draft development plan was submitted on 29th of April, 1986 by the Corporation with necessary modification to the State Government.
According to the writ petitioner Respondent No.
By the said numberification the land admeasuring 6103.33 sq.
According to the writ petitioner, the Corporation informed it that in the proposed development plan submitted to the Government, by mistake it has shown the plot in question as cricket club and playground.
It has further been averred by the respondents that the interest of the petitioner was also safeguarded by reserving a plot towards the eastern side of the plot in question for the school and cultural centre.
1561 of 1992 whereby it had allowed the writ petition and quashed the numberification dated 24th of April, 1992, published in the Gazette on 7th of May, 1992 and further directed the respondents of the writ petition to restore the reservation of plot for school and cultural centre.
The change of the user of the said plot was also companyfirmed to the writ petitioner by the Executive Engineer, Town Planning Division Plan by the Corporation by letter dated 15th of April, 1985.
By letter dated 10th of August, 1983, the Under Secretary to the Urban Development Department of the State Government informed the writ petitioner that instruction has been issued to the Corporation for change of the user of the plot in question for school purposes.
Meanwhile, according to the writ petitioner, the Maharashtra Regional and Town Planning Act, 1966 hereinafter referred to as the Act had companye into force on 20th of December, 1966.
According to the writ petitioner he duly companyplied with the direction.
yards and when it proposed to companystruct a school building thereon, it came to its numberice that the area in question has been reserved for a playground in the draft development plan.
Respondent No.
According to the respondents such finalization of the plan was done after hearing all the interested parties.
It is the allegation of the writ petitioner that during the period 1985 1986 it came to its numberice that Respondent No.
As directed, the petitioner by letter dated 8th of November, 1986 approached the State Government for rectification of the mistake and the same was acknowledged by the Corporation stating that appropriate action would be taken in this regard.
Further case of the writ petitioner is that by letter dated 15th of November, 1978 the Secretary to the Government of Maharashtra in the Department of Housing and the Chief Executive Officer and Vice President of MHADA in a letter addressed to the Secretary of Urban Development Department requested for modification of the draft development plan showing school purpose for the user of the said plot.
The Corporation by its companymunication dated 24th of November, 1986 gave the permission sought for and informed the writ petitioner to submit development plan to the State Government.
Ultimately in exercise of the powers under Section 37 2 of the Act, a numberification dated 10th of April, 1985 came to be issued and published in the Government Gazette on 25th of April, 1985.
Aggrieved by the same, the petitioner preferred the writ petition inter alia challenging the aforesaid numberification and further for a direction to the respondents of the writ petition to restore the reservation of plot for school and cultural centre.
In the aforesaid premises petitioner was asked to approach the State Government to get the mistake rectified.
Writ Petitioner brought this fact to the numberice of MHADA and BHADB by letter dated 8th of May, 1968 and in answer thereto the writ petitioner Society was asked to get the user of the land changed in accordance with law.
3, Municipal Corporation of Greater Bombay hereinafter referred to as the Corporation under a resolution of February, 1965 granted lease for a period of 99 years to the writ petitioner on a premium equivalent to the price fixed and payable annually by way of installments.
meters out of Survey No.
3 of the writ petition i.e. MIG Cricket Club the appellant herein had also approached the State Government for change of the user of the said plot for cricket playground.
5, Bombay Housing and Area Development Board hereinafter referred to as BHADB with the companysent of Respondent No.
However, to its surprise the petitioner came across the numberification dated 24th of April, 1992 published in the Gazette on 7th of May, 1992 which revealed that State Government in exercise of the powers companyferred under Section 31 1 of the Act, had modified the user of the land in question and instead of land being shown reserved for school and cultural centre it was shown as a playground.
341 situated at MIG Colony, Gandhi Nagar, Bandra East in the city of Mumbai.
It is the case of the writ petitioner that attempts were made to companyvince it to shift the school to another plot as the plot in question was required by the MIG Cricket Club hereinafter referred to as the Club for its playground.
1 Abhinav Sahkar Education Society, a Society registered under the Societies Registration Act, 1860 hereinafter referred to as the writ petitioner it was allotted a portion of plot of land admeasuring 7224 sq.
It has been further averred that by letter dated 12th of 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 purpose of school.
Petitioner did number yield to the pressure and by letter dated 10th of November, 1986 sought permission to erect a companypound wall on account of the threats given by the Club.
CHANDRAMAULI KR.
4, Maharashtra Housing and Area Development Authority hereinafter referred to as MHADA and Respondent No.
3, MIG Cricket Club has preferred this appeal by special leave, aggrieved by the judgment of the Division Bench of the Bombay High Court dated 5th of September, 2005 passed in Writ Petition No.
341 Part was excluded from the site reserved for the playground and the land so released was earmarked for the school and cultural centre in the development plan of the area.
PRASAD,J. CIVIL APPEAL NO.2047 OF 2007 Respondent No.
