Disposed

Magaswargiya Sarvodaya Shikshan and Prashikshan Sanstha, Wardha through Its Secretary and Anothers v. the State of Maharashtra, through Department of Urban Development, Mumbai and 2 Others

Bombay HC8 Jul 2016WP/5462/2014

Case brief

AI extract

What is this about?

Writ petition filed by a school seeking regularization of a plot used for public utility under the Maharashtra Gunthewari Act. The court granted time for representations to the Improvement Trust and directed joint decision-making to resolve the diversion of open space. The petition was disposed without final decision.

What did the court decide?

Court granted time to submit representations to the Improvement Trust and directed authorities to take a decision within four months after hearing petitioners.

Magaswargiya Sarvodaya Shikshan and Prashikshan Sanstha… — Landlord and Tenant | Bombay HC (2016)

Order

0807wp5462.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION No. 5462/2014.

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Magaswargiya Sarvodaya Shikshan and Prashikshan Sanstha, Wardha and another.

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VERSUS-

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The State of Maharashtra and others.

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Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

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DATE : JULY 08, 2016.

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Heard Shri A.A. Naik, learned Counsel for

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the petitioners, Shri N.R. Patil, learned A.G.P. for respondent no.1 and Shri M.V. Samarth, learned Counsel for respondent nos. 2 and 3, for some time. 2. Question is – What was the position of the layout regularised under Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001 initially ?

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It appears from the documents made available on record, that one map shows an open space in layout earmarked for public utility i.e. for Garden and School. The later map shows tripartition of that

Order

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land into plot no.60-A and then public utility - for Garden and School.

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Petitioners claim that it has been running a duly approved recognized school on plot no.60-A since July, 1999.

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Respondent Nagpur Improvement Trust which has sanctioned gunthewari regularization, though have not specifically denied this, has come up with a case of encroachment by the petitioners in the year 2011 and its removal. Petitioners have also approached State Government and State Government has under Section 21 of the Gunthewari Act issued directions to Nagpur Improvement Trust to regularize the plot.

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Various disputed questions arise in the matter. When gunthewari regularization itself is an exception, whether open space meant in it can be allowed to be diverted for any other purpose, is the basis issue. If prior to gunthewari regularization, a school was functioning, how, the Cooperative Society which submitted map for gunthewari regularization have shown it for public purpose, also needs to be explained or investigated into. If the school of

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petitioners was duly approved and was functioning at very same place since July, 1999 obviously, there will be old documents which will reveal this fact.

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In this situation, though respective counsel are seeking time to place on record more documents in this respect, we find it appropriate to grant petitioners an opportunity to make a representation to the respondent Nagpur Improvement Trust itself. If such a representation is made within a period of four weeks from today, respondent nos. 2 and 3 shall after hearing petitioners, the cooperative society, which initially sought gunthewari regularization, take a suitable decision upon the request of petitioners, within next four months.

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In view of above, keeping all rival contentions open and with these directions, we dispose of the Writ Petition. No costs.

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JUDGE JUDGE

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Rgd.

Magaswargiya Sarvodaya Shikshan and Prashikshan Sanstha, Wardha through Its Secretary and Anothers v. the State of Maharashtra, through Department of Urban Development, Mumbai and 2 Others

Case brief

What is this about?

What did the court decide?

Magaswargiya Sarvodaya Shikshan and Prashikshan Sanstha, Wardha through Its Secretary and Anothers v. the State of Maharashtra, through Department of Urban Development, Mumbai and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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