judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.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 consider respondent No.1’s case for regularization of the existing plot admeasuring 770 Sq. mtrs., located at N-7 Sector and on regularization to accept the consideration at the rates prevailing in 1981 for the plots reserved for educational facilities. It was held that CIDCO’s stand that the said plot is a green belt cannot be accepted.

3.Factual background in nutshell is as follows :

“A writ petition was filed by the respondent No. 1 for a direction to the appellants to regularize a plot of land which was claimed to be under its possession. 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. Subsequently, it was registered under the Bombay Public Trust Act, 1950 (in short the ‘Trust Act’) as a charitable trust and they started a Balakw